Friday, August 5, 2011

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  • pappu
    07-04 12:12 PM
    Thanks you everyone and taking a lead on this thread. we must try to get a lot of media coverage on this issue.





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  • tikka
    07-03 10:22 PM
    Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks


    --------------------------------------------------------------------------------

    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/Worl...08500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howellti...news&id=129492


    http://economictimes.indiatimes.com/...ow/2170349.cms

    http://www.foxnews.com/wires/2007Jul...nCards,00.html





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  • immi_seeker
    09-15 01:09 PM
    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.

    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.





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  • Imm_Exploited
    07-25 12:26 AM
    cal_dood & meekdesi


    Which country do you guys belong to and why are you here?

    Appreciate your honest and decent response. Thanks



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  • pa_arora
    07-26 04:28 PM
    meekdesi, my friend... I also grew up in Delhi and in the same places what u listed...dont ask for what ur country did for u ...tell me what u did for ur country?? I am pretty sure u don't have an answer and if u do ur making false assertions.

    u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.





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  • ramus
    06-26 08:58 PM
    Very well said... I totally agree with this. I am sure DOS know how many application they can expect by making the date current. But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
    This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.


    And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..

    Guys spend time on action alert rather then spending time on this thred.




    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.



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  • unitednations
    02-13 09:07 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.


    No; it is not in their discretion to suspend anything.

    Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.

    However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?

    back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.

    In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.

    That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.

    Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).





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  • PlainSpeak
    01-13 01:24 PM
    Sorry about the mutiple posting. I had issues posting that and for a second i thought IV has booted me out.

    Guys if you give me some time i wil lreply back to each and everyone. I am after all a single gal with only 2 hands and please if you want to make some comments about ladies please do so in good taste:D



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  • Legal
    07-25 02:08 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.


    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.





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  • nrk
    09-17 03:07 PM
    Yeah that might be true.
    Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?



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  • BECsufferer
    04-01 12:58 PM
    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    :D:D:D

    I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

    On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

    Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!





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  • gc_chahiye
    06-28 05:08 PM
    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.

    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.



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  • mirage
    04-16 07:46 AM
    Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???





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  • engineer
    07-03 12:04 AM
    IV release.:Please send it to other media offices and free press release distribution services
    http://immigrationvoice.blogspot.com/

    I have sent the blogpost to chowk.com



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  • Macaca
    06-28 08:09 PM
    but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?

    That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.

    My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.

    We can complain to Ombudsman!





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  • bayarea07
    07-28 03:07 PM
    Hilarious Post and good way to tackle these guys, You Just made my day

    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.



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  • alterego
    12-14 05:11 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.

    That is utterly preposterous.

    Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.





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  • dallasdude
    06-12 04:11 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    That's extremely wonderful news. thanks for sharing.





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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/





    samay
    07-28 04:12 PM
    Question for Lawyer or Senior Members of Forum:


    Dear Sir/Madam,

    I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.

    She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.

    Thank You All for Your Help

    /COLOR]

    Regards,
    Josh

    [COLOR="Blue"]
    Yes -so long as the AP is still valid.





    cinqsit
    01-15 12:20 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
    help all of us.

    cinqsit



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