nk2006
09-11 12:11 PM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
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chintu25
07-09 03:11 PM
Way to Go Azulay Horn & Seiden, LLC
Rock On We are with u :) :cool:
Rock On We are with u :) :cool:
logiclife
02-17 04:47 PM
Immigration Voice is a volunteer organization. It has been assured several times here on this thread that it is a part of "transparency" issue on IV goals as mentioned in the Brochure. Transparency includes everything. Including name-check process.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
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nomi
12-11 02:32 PM
I think we should spend more time to explore this option too. If USCIS make this rule which alllow us to file I-485 with out PD current that will be big relief for us.
more...
vin13
11-11 12:14 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
ndbhatt
06-10 08:19 PM
Guys,
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
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nogc_noproblem
04-23 08:01 PM
Congratulations Googler.
Thanks for all your informative inputs.
Thanks for all your informative inputs.
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coopheal
02-09 01:07 PM
See USCIS has also predicted EB3-I PD to be in Jan/Feb of 2002 by End Sep.
This is consistent with what USCIS's release data says as well.
It is available on wiki at EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Cumulative count till Feb 2002 is 2349. So in rest of the year (9 months since Dec data release) all these people should get visas. If they do not get again there is something wrong.
This is consistent with what USCIS's release data says as well.
It is available on wiki at EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Cumulative count till Feb 2002 is 2349. So in rest of the year (9 months since Dec data release) all these people should get visas. If they do not get again there is something wrong.
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mayhemt
08-02 06:20 PM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
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rpulipati
10-31 10:18 AM
This poll people are the most affected in the retrogression and I can see that 700 people has voted so far.
Official number may be much large, x2, x3 or x10.
Without no law change, we will be here for years to come.
Support IV.
Official number may be much large, x2, x3 or x10.
Without no law change, we will be here for years to come.
Support IV.
more...
BharatPremi
09-26 10:22 AM
Dear Editor and Eilene Zimmerman,
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
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sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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singhsa3
03-05 07:08 PM
Thank You Kutra and Pegaus03
I will keep folks posted on the direction this campaign is taking.
I will keep folks posted on the direction this campaign is taking.
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BumbleBee
08-15 04:11 PM
Shocking !!!! :eek:
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
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dealsnet
05-27 08:18 PM
These from CBP website:
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
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unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
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new_horizon
03-17 11:00 AM
the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
hope there are more cases like that.
hope there are more cases like that.
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ASR
06-06 05:13 PM
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008
Do feel they go by processing times striclty?
Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008
Do feel they go by processing times striclty?
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gkdgopi
07-18 09:43 PM
I don't think any July 2 cases are rejected,
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
Jaime
09-14 01:06 PM
We mean EVERYONE!!! DC is not far!!! Let's all go!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
gc_on_demand
02-11 03:49 PM
I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.
