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.
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.
wallpaper Rocking the no pants look on
unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
JeffDG
01-15 07:50 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
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ArkBird
04-01 02:21 AM
Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
more...
GKBest
02-14 01:07 AM
can you also please care to do the percentage with total applicants ?
Quote:
Originally Posted by lazycis View Post
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/s...6/table10d.xls
LAZYCIS......don't forget the fact that in 2006 there was still Schedule A...that's why Philippines and India was given more visa #s.
Quote:
Originally Posted by lazycis View Post
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/s...6/table10d.xls
LAZYCIS......don't forget the fact that in 2006 there was still Schedule A...that's why Philippines and India was given more visa #s.
vdlrao
07-16 10:25 PM
Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.
http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
http://www.immigration.com/newsletter1/permstatsjune08.pdf
Total Labors approved in year 2007 --> 85,112
Total Labors for India in year 2007 --> 24,573.
Total Labors for China in Year 2007 --> 6,846
Total labors approved from Mar 2005 to till May 2008 --> 209,393
http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
http://www.immigration.com/newsletter1/permstatsjune08.pdf
Total Labors approved in year 2007 --> 85,112
Total Labors for India in year 2007 --> 24,573.
Total Labors for China in Year 2007 --> 6,846
Total labors approved from Mar 2005 to till May 2008 --> 209,393
more...
anurakt
09-29 10:32 AM
Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....
Can someone confirm that.... ?
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....
Can someone confirm that.... ?
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sk2006
08-16 01:51 AM
The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.
Can you point to a single post praising the immigration system.
Can you point to a single post praising the immigration system.
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Legal
07-24 07:33 PM
http://www.immigration-information.com/forums/showthread.php?t=5456&page=8
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
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Location: Los Angeles, CA, USA
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#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
hair Lady Gaga
smuggymba
07-21 07:00 PM
A guy approached me in Walmart (he had nothing in his cart) and said - are you from india? Where do you work? Where do u live? What's you fone number.......all this happened in a matter of 2 mins. We has just moved to a new city and thought he is a nice guy and gave our phone number.............BIG MISTAKE....got a fone call 3 days later to talk about a business plan............OMG...worst hr of my life.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
more...
poorslumdog
05-03 01:23 AM
:D:D:D
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
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amsgc
07-03 11:31 PM
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Tikka,
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Tikka,
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
more...
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chanduv23
06-28 08:56 PM
Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
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iv_only_hope
07-21 09:20 PM
Ron gotcher says dates will go back yesteryears:
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
more...
pictures for those gold hotpants or
java_jaggu
06-26 01:24 PM
---------------------------------------------------------------------------
Thanks for making me look like an idiot in front of my lawyer and HR, everyone.
Based on RUMORs, I asked my lawyer this question:
Quote:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Quote:
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
Reply With Quote
------------------------------------------------------------------------
I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.
------------------------------------------------------------------------
Thanks for making me look like an idiot in front of my lawyer and HR, everyone.
Based on RUMORs, I asked my lawyer this question:
Quote:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Quote:
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
Reply With Quote
------------------------------------------------------------------------
I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.
------------------------------------------------------------------------
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sameer2730
01-19 11:33 AM
Just because no one can trace you on an anonymous forum please do not say anything that comes to your mind. These are hard times. Please chip in with genuine solutions else keep to yourself.
This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.
This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.
more...
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garybanz
02-15 10:32 AM
Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.
I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.
I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.
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lazycis
02-13 10:34 AM
Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.
1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.
1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.
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Pineapple
12-14 05:45 PM
Read my previous post explaining how things would work without country limits.
All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.
I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:
"When you rob Peter to pay Paul, you can always rely on support from Paul"
:rolleyes:
We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.
The main point is, based on current caps and quotas, all of us are stuck.
One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.
--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?
All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.
I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:
"When you rob Peter to pay Paul, you can always rely on support from Paul"
:rolleyes:
We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.
The main point is, based on current caps and quotas, all of us are stuck.
One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.
--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?
greencard_fever
07-25 11:44 AM
EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.
vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D
vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D
paskal
02-13 08:33 PM
I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.
I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.
Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.
i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.
hence in my view this argument is moot.
we need to come together and work on this, otherwise we all fail.
I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.
Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.
i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.
hence in my view this argument is moot.
we need to come together and work on this, otherwise we all fail.
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