ashutrip
06-26 01:53 PM
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
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srinivasj
07-21 07:23 PM
my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
vikki76
05-10 04:33 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
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paskal
12-13 05:40 PM
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
in a nutshell:
an end to retrogression for all
increased GC quota
removal of per country quota
efficient processing of applications
the per country quota issue is only one among the measures
we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
in a nutshell:
an end to retrogression for all
increased GC quota
removal of per country quota
efficient processing of applications
the per country quota issue is only one among the measures
we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
more...
eeezzz
07-17 11:35 AM
I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.
fide_champ
08-17 01:50 PM
I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.
How is the other one better than this topic?
How is the other one better than this topic?
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villamonte6100
12-14 02:50 PM
Thank you very much for pointing that out. I really appreciate it.
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
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NKR
02-13 02:43 PM
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.
On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.
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subba
08-03 05:33 PM
I think another positive aspect of banning labor substitution would be, for people who switch jobs after I140 approval the chances of old employer revoking application is slim (because employer can't reuse labor for anyone else).
Am I right?
Am I right?
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TeddyKoochu
09-24 10:28 AM
I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.
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venky321
01-14 12:25 AM
Is this Memorandom final?
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
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easygoer
07-23 01:51 PM
vldrao has done good job and we are thankful to him
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Caliber
09-04 01:16 PM
With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
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deelip
07-04 11:34 AM
I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
more...
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extra_mint
09-15 06:10 PM
There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
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vikki76
01-13 05:38 PM
IV Core and Administrators
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
more...
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Googler
02-15 01:49 PM
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
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manderson
02-13 11:30 AM
If I am not mistaken I believe Rajiv Khanna already filed such a lawsuit some years ago and lost.
Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.
Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.
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santa123
07-25 01:34 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.
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
StuckInTheMuck
02-14 09:10 AM
First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...
ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)
ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)
samay
07-15 05:36 PM
I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
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