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Jaime
09-10 12:41 PM
You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.
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mariner5555
03-06 06:48 AM
Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
belmontboy
03-21 04:38 PM
Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.
Taking advantage of employees by making insincere promises is not illegal, but is unethical.
It's good to know about these companies so that other's don't end-up with the same problem.
Taking advantage of employees by making insincere promises is not illegal, but is unethical.
It's good to know about these companies so that other's don't end-up with the same problem.
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isantem
02-23 09:44 PM
I will attend the Advocacy Day April 2,3,4 and maybe 5 but I can't promise the 5.
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
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retrohatao
02-18 11:58 PM
WaldenPond,
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
immigrant2007
09-10 01:16 PM
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
how many GCS does EB2 India have oer year (quota only)
How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?
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iv_only_hope
02-22 09:26 AM
I asked Greg Siskind about this. Heres his response:
"I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."
"I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."
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senthil1
06-13 09:40 AM
I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
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chi_shark
03-11 11:08 AM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
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Jaime
09-10 02:15 PM
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
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ashishgour
09-10 02:39 PM
can some one pls post the link for live telecast
thanks
http://judiciary.house.gov/hearings/calendar.html
thanks
http://judiciary.house.gov/hearings/calendar.html
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GCDream
02-09 04:23 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
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bang
03-08 10:17 PM
Please let me know who wants to travel .. i can book a ticket for you ... please reply with your details i will contact you
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speddi
07-13 09:25 AM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
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wahwah
02-21 02:17 PM
i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.
I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.
As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable
I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.
As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable
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ItIsNotFunny
10-15 04:58 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
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msyedy
06-12 04:58 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
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nagesh75
10-12 09:15 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
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desi3933
02-01 08:03 AM
Thank you very much for the response. I sent you a PM.
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
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Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
anilsal
12-12 01:17 PM
If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?
USCIS interpretation can be binding!
USCIS interpretation can be binding!
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