wantgc23
08-20 02:20 PM
Since it is a question of Interpretation of the law, It would be nice if someone in IV who has connections with AILA makes an inquiry with USCIS through AILA.
That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.
Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.
Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.
I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.
That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.
Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.
Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.
I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.
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glus
06-29 07:24 PM
WEDNESDAY - Suspended I-140 PPS anticipating huge demand from people
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
That's true. the 3rd must be rumor!!!!!
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
That's true. the 3rd must be rumor!!!!!
whitecollarslave
01-08 11:19 AM
� Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Anybody knows how many visa numbers can be recaptured if this is approved by the President?
Anybody knows how many visa numbers can be recaptured if this is approved by the President?
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GCKaIntezar
05-27 09:28 AM
Guys-
Any benefit in filing 485 on the first week of June versus last week of June? Any FIFO implications?
Any benefit in filing 485 on the first week of June versus last week of June? Any FIFO implications?
more...
sammyb
02-15 05:14 PM
can you pls provide some detail info .. I will be going to India soon and need to get my visa stamped ... if I can make sure that the H1 info is there in PIMS beforehand that will provide much comfort ...
also regarding your H1, is it a fresh or extension or transfer ... when was it approved ... appreciate your inputs ...
I called the Nogales (mexico) US embassy and they were able to look up the PIMS system using the petition number.
I hope the PIMS is a "centralized" system. So even the consulate in India would be using the same.
also regarding your H1, is it a fresh or extension or transfer ... when was it approved ... appreciate your inputs ...
I called the Nogales (mexico) US embassy and they were able to look up the PIMS system using the petition number.
I hope the PIMS is a "centralized" system. So even the consulate in India would be using the same.
alterego
10-01 09:14 PM
Congrats to those of you getting approvals.
It is all very random. The archiving system at the USCIS is designed by a bunch of retards.
The case files apparently go in batches to adjudicating officers and each officer than asks for more when he/she can. Lord knows what crazy method they use. With recent criticisms they have gotten even more rigid in their idioticity. They now do not pull a file out of its queue, even if they know they are screwing up.
They are quite simply unaccountable and do as they please. I completely empathize with Americans who do not want their health care delivered by such individuals. They fail to understand that they represent the US gov't. Speaking to some of them you see a sense of arrogance. Many of them do feel they are being charitable towards you upon approving a case.
Interestingly even congressional inquiries are getting stall messages nowadays. Perhaps it will take more of that to make congressmen aware of what we have to deal with yearly.
It is all very random. The archiving system at the USCIS is designed by a bunch of retards.
The case files apparently go in batches to adjudicating officers and each officer than asks for more when he/she can. Lord knows what crazy method they use. With recent criticisms they have gotten even more rigid in their idioticity. They now do not pull a file out of its queue, even if they know they are screwing up.
They are quite simply unaccountable and do as they please. I completely empathize with Americans who do not want their health care delivered by such individuals. They fail to understand that they represent the US gov't. Speaking to some of them you see a sense of arrogance. Many of them do feel they are being charitable towards you upon approving a case.
Interestingly even congressional inquiries are getting stall messages nowadays. Perhaps it will take more of that to make congressmen aware of what we have to deal with yearly.
more...
abuddyz
01-30 08:31 AM
I have a WAC number and petition approved in Feb 07. Stuck here for 1 month, 18 days and counting. I called DOS and didn't receive a positive response. Will try calling KCC tomorrow.
:confused:
Good luck to you.. I understand it is really frustrating... and they don't really care for us.
if more people post their details then we might be able to conclude something.. there are always exceptions so it is very difficult to figure out.. (well, it might be possible that there is no pattern but if we get more details of more cases then we can think something... after all we can't do anything apart from this ...:mad: )
:confused:
Good luck to you.. I understand it is really frustrating... and they don't really care for us.
if more people post their details then we might be able to conclude something.. there are always exceptions so it is very difficult to figure out.. (well, it might be possible that there is no pattern but if we get more details of more cases then we can think something... after all we can't do anything apart from this ...:mad: )
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alias
08-07 11:37 AM
It's funny how many types of personalities you see in everyday life. I remember in my early childhood days there always use to be one guy at the least in my class who would do things that would freak everybody out....usually he would be the teacher's cutest student. But once the teacher was out.....maan his ass was all red in the hostel, in the class.....just kept running away from every other fellow student.....
more...
baburob2
01-10 12:59 PM
Look below as to what is happening in the senate congress:
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
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anura
04-07 10:21 AM
I guess, we need to hire, one octopus for every months' prediction. That will be cheaper, instead of we put our brain in predictions.
I disagree. Octopus will cost money but using the brain costs nothing. Cheers. :)
I disagree. Octopus will cost money but using the brain costs nothing. Cheers. :)
more...
malaGCPahije
08-08 09:41 AM
If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?
for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.
for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.
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gaz
01-09 02:16 PM
pappu,
when talking to my friends about IV I have observed the following:
1) they prefer to "visit" the iv site to get a first hand look at what IV is about
2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?
I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?
I think we are making a big deal of red and green dots. It is only in recent times that people are complaining so much about misuse. We can get rid of it, but then moderation will be tough. I do not think that is the reason for not participating. We do not have much awareness about IV in the community. When we say half million applications are pending, why are we not getting those on IV?
We need help in raising awareness about this cause in the community. Let us make that as the first action item this new year. All members can take initiatives and help. It does not cost any money and IV is not asking any money. We just need more participation.
when talking to my friends about IV I have observed the following:
1) they prefer to "visit" the iv site to get a first hand look at what IV is about
2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?
I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?
I think we are making a big deal of red and green dots. It is only in recent times that people are complaining so much about misuse. We can get rid of it, but then moderation will be tough. I do not think that is the reason for not participating. We do not have much awareness about IV in the community. When we say half million applications are pending, why are we not getting those on IV?
We need help in raising awareness about this cause in the community. Let us make that as the first action item this new year. All members can take initiatives and help. It does not cost any money and IV is not asking any money. We just need more participation.
more...
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buaya00
09-11 04:51 PM
Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?
Just noticed they updated the next session date to 15 sep and not 22 Sep.
Just noticed they updated the next session date to 15 sep and not 22 Sep.
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desi3933
08-21 11:00 AM
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.
Thanks Pappu.
>> Visa recapture is the best option.
I agree 100%. Visa Recapture from earlier years can provide relief to many applicants (across categories). This year, being an election year, does not look very promising for any new law for Visa Recapture. Hopefully, in 2009, this has much better chance.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
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.
Thanks Pappu.
>> Visa recapture is the best option.
I agree 100%. Visa Recapture from earlier years can provide relief to many applicants (across categories). This year, being an election year, does not look very promising for any new law for Visa Recapture. Hopefully, in 2009, this has much better chance.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
more...
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shiankuraaf
10-01 02:23 PM
service center is Nebraska.
Infact my 485 got denied in August 2009 and in september 2009 filed MTR,which got approved on 22 sep 2009 and today we got 485 approval emails.
Please......put some details and how did you deal with the MTR, so that it will be very useful for everybody around here.
Infact my 485 got denied in August 2009 and in september 2009 filed MTR,which got approved on 22 sep 2009 and today we got 485 approval emails.
Please......put some details and how did you deal with the MTR, so that it will be very useful for everybody around here.
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grupak
09-09 03:49 PM
Call everyone.
I just finished calling everyone (except the cosponsors) from the list. Two more representatives from the list are supporting it.
I just finished calling everyone (except the cosponsors) from the list. Two more representatives from the list are supporting it.
more...
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pappu
10-18 10:32 AM
More info
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf
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makemygc
01-24 10:27 PM
Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
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sparky_jones
01-26 01:05 PM
My experience with British Airways back in 2004 was actually quite good. My flight to Delhi was delayed by 12 hours. I approached a BA agent, and he helped me get a 24 hr UK visa to leave the airport, a hotel room at the airport, and meal coupons. I was traveling on Indian passport with a valid unexpired H1B visa stamp (the agent did tell me that he was able to do all this for me since I had an unexpired US visa).
I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.
I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.
However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.
I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.
I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.
However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.
cin45220
03-30 05:29 PM
If USCIS is providing spillover visas to EB2 in May, shouldn't the PDs of China and India (countries with most demand) have the same PDs in May VB? Doesn't this also mean that in the worst case the PD of EB2 India will be Jul 22 2006 (the current PD of China) in May VB?
-CinBoy
-CinBoy
sai
01-15 08:27 AM
Cybersoftec
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
*****************************
Indian held for US computer techie immigration fraud
*****************************
Narendra Mandalapa has been charged with fraud and misuse of visas and is currently in the custody of the United States Marshals Service. The US Immigration and Customs Enforcement says investigations have revealed that Mandalapa had filed nearly 1,000 possibly fraudulent labour-based petitions. All of these were on behalf of skilled computer professionals from the Indian sub-continent seeking to enter or remain in the US.
Investigators estimate that professionals paid at least Rs 90 crore as application fees for these petitions. They are now trying to determine how many such people entered the US and received fraudulent labour benefits.
http://www.samachar.com/showurl.htm?rurl=http://www.indianexpress.com/full_story.php?content_id=85963&headline=Indian~held~for~US~techie~immigration~fra ud
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