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pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
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sumagiri
09-23 07:25 PM
I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
karthiknv143
06-29 07:05 PM
Originally Posted by yawl
AILA Follow-up to Update on July Visa Availability
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
AILA Follow-up to Update on July Visa Availability
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.
-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.
-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.
We cannot predict now what will happen, but will continue to update the
membership as developments occur.
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shekhar10c
06-29 06:57 PM
Could it be that the AILA is talking about the 4th category and AILF's Legal Action Center is seeking plaintiffs - mainly 4th category that got their applications rejected?
I'm not getting this. If DOS/USCIS wants to retrogress the current dates then why they will wait for july2nd or 3rd. As they know people will file their applications by 29th june or they will try to deliver their applications by 2nd of july. So,if this rumour is really true then they would have posted revised bulletin in this week only , latest by today only, so that people will stop filling applications. So guys relax and keep doing whatever you were doing and file your applications by 2nd july.
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
I'm not getting this. If DOS/USCIS wants to retrogress the current dates then why they will wait for july2nd or 3rd. As they know people will file their applications by 29th june or they will try to deliver their applications by 2nd of july. So,if this rumour is really true then they would have posted revised bulletin in this week only , latest by today only, so that people will stop filling applications. So guys relax and keep doing whatever you were doing and file your applications by 2nd july.
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
more...
samyjani
01-04 02:26 AM
Finally, received my passport on the 3rd Jan, 08. Good luck everybody.:)
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
vsrinir
09-16 09:17 AM
House Judiciary Committee Schedules Continued Mark-Up of H.R. 5882 and Others
The mark-up of the following bills were put off in the 09/10/2008 hearing for a procedural matter. The debates of these bills are now rescheduled tomorrow at 10:15 a.m. Webcast view will be available. The bills for the mark-up at this hearing are:
H.R. 6598
H.R. 5882 (Visa Recapture)
H.R. 5924 (Nursing Emergency Relief)
H.R. 5950
Please watch the webcast.
http://judiciary.house.gov/hearings/calendar.html
The mark-up of the following bills were put off in the 09/10/2008 hearing for a procedural matter. The debates of these bills are now rescheduled tomorrow at 10:15 a.m. Webcast view will be available. The bills for the mark-up at this hearing are:
H.R. 6598
H.R. 5882 (Visa Recapture)
H.R. 5924 (Nursing Emergency Relief)
H.R. 5950
Please watch the webcast.
http://judiciary.house.gov/hearings/calendar.html
more...
cbpds
08-28 08:54 PM
My point is not everyone wud then leave Vonage and move to another service , thats how Vonage wud gain, again are u sure u read the complete fine print :P
If they change the "contract" you agreed to initially - then you have every right to get out of the contract without any termination fees. It may take some arguing with the CS - but I know some people who have done this successfully with telephone companies like Verizone/Sprint etc when they changed some inconsequencial T&C.
If they change the "contract" you agreed to initially - then you have every right to get out of the contract without any termination fees. It may take some arguing with the CS - but I know some people who have done this successfully with telephone companies like Verizone/Sprint etc when they changed some inconsequencial T&C.
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santb1975
01-12 12:41 AM
Do you belong to a state chapter?. If you have not joined a state chapter yet please let us know your residing state and we will direct you to the appropriate state chapter. State Chapter's can provide information related to all EB issues we are working on. Thanks
What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?
Thanks!
What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?
Thanks!
more...
aquarianf
06-18 10:45 AM
My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.
Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be sure.
My attorney is not including any w2s/tax returns at all. According to her, their firm never files these documents and got many approval without any issue. Did you see any instructions in 485 forms that says that they are required?
Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be sure.
My attorney is not including any w2s/tax returns at all. According to her, their firm never files these documents and got many approval without any issue. Did you see any instructions in 485 forms that says that they are required?
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McLuvin
08-20 11:05 AM
Dude, Are you joking.... Is there a link or something u can pass on... Dont be a DH....
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Karthik
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Karthik
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alias
08-07 12:38 PM
If you loose your job anytime during the GC process and cannot find another job within 15 days you must leave the country. Since you are fired from the job you are least desired, you are an unproductive hole. This should be tied along with EB2/EB3 category determination so you realy value the right people.
I guess Mr. Sunshine will be out then, he said he is shit scared that he is going to loose his job...Dude, I say go home, NOW, aren't you ashamed about your sorry job....
I guess Mr. Sunshine will be out then, he said he is shit scared that he is going to loose his job...Dude, I say go home, NOW, aren't you ashamed about your sorry job....
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pakrish
08-17 10:54 AM
I got my physical card yesterday but the last name is mis-spelled. What do I need to do and also has anyone experienced this? Also any thoughts on how long it will take to fix the name?
Thx
Thx
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sriswam
06-29 06:08 PM
My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
- Sri
- Sri
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Bpositive
02-09 04:35 PM
bepositive,
in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!
NOT SURE WHY ?? this delay is ??
i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?
-shahuja
chennai consulate
in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!
NOT SURE WHY ?? this delay is ??
i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?
-shahuja
chennai consulate
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anura
04-06 06:28 AM
Is there an admin around here to delete the spam and remove the spamming usernames?
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ryan
04-06 10:15 AM
always amazes me how so many folks depend upon these immigration attorney websites and get disappointed...we are better off supporting IV advocacy and get first hand information on what is going on in DC, USCIS and DOS.
This is not the first time and I'm sure it won't be the last time these AILA folks generate sensational news! Help IV to help you!
Exactly. It's like some have gone berserk on the possible 12K unused visa bit. There are scientific (perhaps, even astrological) calculations, assumptions, predictions from lawyers, "Gurus" and just about everyone else..yet, the support to help IV, in order to help each and everyone is minimal to non-existent. Isn’t being at the Advocacy day (or contributing to the day) -- speaking to the powers-that-be, the MOST effective way to get the backlog issues addressed?! It all feels a bit headless chicken central.
This is not the first time and I'm sure it won't be the last time these AILA folks generate sensational news! Help IV to help you!
Exactly. It's like some have gone berserk on the possible 12K unused visa bit. There are scientific (perhaps, even astrological) calculations, assumptions, predictions from lawyers, "Gurus" and just about everyone else..yet, the support to help IV, in order to help each and everyone is minimal to non-existent. Isn’t being at the Advocacy day (or contributing to the day) -- speaking to the powers-that-be, the MOST effective way to get the backlog issues addressed?! It all feels a bit headless chicken central.
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09-11 01:38 PM
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ras
10-05 01:13 PM
When I call through vonage phone, the wireless internet connection to other computers is getting lost. Is this the problem others have too?
Is it having another router in between your vonage phone and cable /DSL connection solve the problem?
Any thoughts? Has anyone inquired this with vonage folks?
Is it having another router in between your vonage phone and cable /DSL connection solve the problem?
Any thoughts? Has anyone inquired this with vonage folks?
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Caliber
06-16 12:16 PM
Agreed that L1 dumping to replace a worker is violation in many cases and should be reported. If enough people complain, that might force companies to mend their illegal ways.
This is true ONLY in ideal world. The correct statement should be
When there is a competition, it should be on actions that are legal.
Dear Desi,
I agree with you. Thanks for correcting me.
This is true ONLY in ideal world. The correct statement should be
When there is a competition, it should be on actions that are legal.
Dear Desi,
I agree with you. Thanks for correcting me.
buddyinsd
08-17 07:09 PM
...is getting approved. My case is with an IO since Aug 3 and going by the trend, I should have received an update by now (within 2 weeks of getting assigned to the IO). Not sure whats going on :( This is the worst ever wait in my life. Wonder when its going to end???
pani_6
09-12 08:01 PM
NUM USA and opponents think that the Bill was postponed and are again trying to spread lies its thier effort that got it postponed..Dont believe that lies..infact it was tactical postponement to get it passed ;)
They are launching a misinformation campaign ..The bill has a good chance of passing..plz call
They are launching a misinformation campaign ..The bill has a good chance of passing..plz call
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