Saturday, June 18, 2011

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  • qesehmk
    02-12 12:27 PM
    Folks,

    lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.

    - correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".

    We have established that there is no document to support this but can we find out if this assumption can be true?

    One can only infer based some facts and some assumptions.
    Fact - Fallen new 485 demand (28% or more)
    Fact - Law requires quarterly spillover.
    Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
    Fact - Dates did not move significantly

    So all of these things fit together well only if one of the following is true
    a) USCIS is utlizing the allocated visas.
    b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.

    Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.





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  • sam_hoosier
    07-02 12:51 PM
    I support it.





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  • gcdreamer
    03-02 12:01 AM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.





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  • imh1b
    11-12 04:03 PM
    Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.

    IV should spend money for EB3 India rather then EB2 India who are already in advantage.



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  • nomi
    12-11 03:58 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.


    Thank xbohdukc. I think, this door is also close.





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  • jonty_11
    07-05 03:47 PM
    Thx for the update Pappu...
    Go IV go!



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  • permfiling
    11-08 06:14 PM
    Congrats ! How long did it take for CPO email since u recieved the 485 , I-797 and which service center


    Guys,

    Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..

    Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    -----
    Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy





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  • johnifanx98
    04-04 03:48 PM
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.



    those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.

    Yes. And this is not my definition. When H1B becomes a way to make money for those bodyshoppers, it's really abused.

    And I agree that it's also a abuse if an employer pay under-prevailing to a US master. But based on current situation, it's not that obvious. I think many ICC are going too far.



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  • gc_kaavaali
    12-21 09:22 PM
    I-94 is not attached with H1...does he needs to go out of country and get it stamped?

    AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.





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  • amsgc
    07-04 08:04 PM
    Legal,

    The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.



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  • pappu
    01-19 10:13 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.
    Thanks for attending the call and taking initiative.





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  • memyselfandus
    04-09 09:32 AM
    Details below



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  • uma001
    07-29 05:15 AM
    Mod/Admins,

    please confirm whether we can post this type of information.This is to protect H1 guys from falling into trap from these companies





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  • delhikadesi
    11-11 01:16 AM
    You will cure a lot of ppl, atleast I burst in laughter..


    PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.



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  • CT_Green
    12-27 09:03 AM
    I have a home mortgage and also a 529 for my daughter. The H1 approval notice is good enough. I guess one just needs to look around for other options.





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  • javadeveloper
    12-11 11:52 AM
    All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA.

    Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.



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  • Openarms
    12-08 03:04 PM
    Did anybody get actual response from USCIS yet??





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  • GCard_Dream
    12-28 12:26 PM
    Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.

    I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.

    i have never had that problem
    may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...

    the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.





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  • jgh_res
    07-05 12:38 PM
    My background: I am a desi. I contributed around 300$ or so. I filed my 485 couple of years ago. So I am not that desperate.

    Onething about desi's I figured out over a long time, they dont mind spending zillion dollars for attorney fees, USCIS fees, whatever fees. But they really mind paying 20$/month towards IV or anything, if there is a way they can get it for free.


    What an epitome of hypocrisy? Non Profit org working towards GC alleviatoon and needs resources for lobbying. Yeah! The Blue skies are showering green on IV every day. How about us working for a Non profit org or EDU for free? They all serve noble causes. Dont they?





    pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

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

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





    PERM12
    08-11 11:42 AM
    All,
    count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...

    Flexibility to leave the current job and go join a college without worrying about status
    Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
    Flexibility to change employers and get a better position and offer
    Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
    Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions

    most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.

    Lets also work for drastic change in the employment based work permits.



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