vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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ksvreg
06-10 01:45 PM
best bet is eb3 to eb2 conversion in addition to advocacy efforts?
akred
01-21 02:26 AM
Assuming everyone stays the course, under these timelines
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
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plassey
07-23 07:00 AM
You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
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ItIsNotFunny
11-06 03:13 PM
Bump ^^^^
NKR
02-20 03:17 PM
Thanks Googler. This wait for GC has made me forget the definition of patience :)
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friend_in_NC
07-03 04:23 PM
Contributed $100 for the lawsuit.
Confirmation Number: 40W931175C853351T.
Confirmation Number: 40W931175C853351T.
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mheggade
07-20 09:09 PM
You are right about the gov fiscal being Oct - Sep.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
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tooclose
07-13 09:47 AM
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
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maverick_s39
12-10 02:49 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
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singhsa3
03-04 12:41 PM
Already, spoken to couple of them. Anyways, the point is not that I get the mortgage, the point is that we get our GC or Admin fixes done.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
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akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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McGuffin
03-06 04:25 PM
I don't think I'll be able to make this one, I'll give it a shot though.
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jungalee43
06-11 09:45 AM
Done.
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GCKaMaara
03-12 10:59 AM
It doesn't make sense on either side:
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
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sundar61982
08-06 04:52 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..
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pappu
12-21 10:56 AM
Conference Details
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
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gccube
04-08 02:27 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
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calgirl
07-12 05:53 PM
sammas..
Ahh.. Thought I missed something in the loong document..
Thanks..
Ahh.. Thought I missed something in the loong document..
Thanks..
pitha
06-30 09:30 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
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