walking_dude
10-16 09:36 AM
Wow! CC, You Da Man.
Guys, we are doing our best to get you there. Free transportation from Lansing for 4 ( courtesy Bestin). Free coffee/snacks sponsored by CagedCactus.
What else do you need to get there? Free beer? Free cigarettes? Let us know. We'll arrange for it as long as you pledge to be there.
...
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
Guys, we are doing our best to get you there. Free transportation from Lansing for 4 ( courtesy Bestin). Free coffee/snacks sponsored by CagedCactus.
What else do you need to get there? Free beer? Free cigarettes? Let us know. We'll arrange for it as long as you pledge to be there.
...
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
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eeezzz
03-20 03:34 PM
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories “fall down” into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories “fall down” into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
LostInGCProcess
10-21 01:06 AM
Finally, I got the PIO card. It did not take long after sending a $20.00 MO, I got the PIO card in about a months time. The total time it took me was about 2 and 1/2 months...although they claim the processing time would be at the max. 45 business days.
The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.
I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.
The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.
I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.
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kate123
02-25 02:40 PM
I completely agree with you on this... But please note that JULY FIASCO DID HAPPEN... If it is against the law or if it is STRICTLY interpreted in the law then CIS or DOS would have never allowed to file for AOS during July 2007.
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
more...
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EndlessWait
02-10 11:29 AM
rot in hell..that's what USCIS is trying to say...its the immigrants who fund there paychecks..why would they want to give us GC..its free money..soon ppl will realise, just like the recent meltdown..its all a hype about the GC and will start going back to there countries..
hebron
06-15 06:58 PM
Hi, I have a question about PERM labor process. How soon can an employer apply PERM labor certification after hiring an employee?
more...
lazycis
02-12 05:07 PM
It's not possible to achieve this without changing the INA.
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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vishal
06-10 02:48 PM
Congratulations for all those who became current.
485 Approved: February 2010.
485 Approved: February 2010.
more...
senglory
02-14 08:19 PM
I arrived in the USA on 02/04. By current time I haven't been assigned to to any client's project which my bodyshop promised me. Also he have'n paid me yet even a single paycheck. I started to find another company which could do transfer my h1b. Is it real without any paycheck at all?
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justice4all
07-21 09:09 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
more...
gkebiz
01-14 05:46 PM
DEAR ALL,
I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
http://citizensbriefingbook.change.g...Pos=0&srKp=087
I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.
The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
http://citizensbriefingbook.change.g...Pos=0&srKp=087
I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.
The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
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shaikhshehzadali
03-21 03:38 PM
Get a life.....As far as immigration is concerned...I know more laws than u could possibly think of..I have been in this immigration hell for more time than possibly u could think of...I am just asking u to read a few times before u post...
Being an Indian does matter in this discussion....in most of ur post ...u r referencing people from ROW...I understand what they would be feeling...that FYI was for u to understand that if I could get offended then people from ROW surely will...
there r lot of people on EB3 ROW who are either nurses, engineers etc...They are well qualified...and u don't have a right to call them unskilled...Period..End the discussion
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
Being an Indian does matter in this discussion....in most of ur post ...u r referencing people from ROW...I understand what they would be feeling...that FYI was for u to understand that if I could get offended then people from ROW surely will...
there r lot of people on EB3 ROW who are either nurses, engineers etc...They are well qualified...and u don't have a right to call them unskilled...Period..End the discussion
OOOPs you are an Indian.... and how does that affect this discussion?
My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS
more...
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Jaime
09-15 11:29 AM
Come on DC, Tri-State, Virginia, all surrounding areas! Have a nice lunch with your family today and decide together to come to the rally on Tuesday! If you live within 4-5 hour drive or train ride from DC then you shouldn't even be hesitating! The answer is YES!!! YES I WILL GO!!!
We your friends at IV are so proud of you that you care for our common cause and that is why you visit the IV web site. We are also so proud that you ae considering coming. Please make the decision now and come!!! We cannot miss this opportunity, and we CANNOT do it without you!!!!
We your friends at IV are so proud of you that you care for our common cause and that is why you visit the IV web site. We are also so proud that you ae considering coming. Please make the decision now and come!!! We cannot miss this opportunity, and we CANNOT do it without you!!!!
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yoda
09-21 11:09 AM
Let us give IV Core a few more days to think through and recommend the next course of action. Many must have returned home from DC only yesterday after being present even on Wed. after the majority of us had returned.
more...
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reddog
07-17 05:45 PM
I am sorry you feel like that about IV core. I am not a CORE member so I can't speak for them but if you have spent a basic amount of time following and more importantly taking part in IV initiatives you would not have "decided" that IV is promoting "EB2" agenda simply because there is no such agenda.
I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.
If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.
If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
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eastindia
01-12 01:14 PM
Sorry eastindia but you are plain wrong. The US is not East India Company.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
more...
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gcpuzzle
09-19 06:01 PM
Way to go logiclife ...
I know there are many out there who are snickering in their cubicles looking at the pictures of the rally and thinking "Look at these idiots, they think Congress will pass SKIL bill because they walked 1.2 miles with some placards and banners".
Well, to all skeptics ...time will tell where stupidity lies.
Way to go IV, will never let ourselves down. Rally is just a begining ...
I know there are many out there who are snickering in their cubicles looking at the pictures of the rally and thinking "Look at these idiots, they think Congress will pass SKIL bill because they walked 1.2 miles with some placards and banners".
Well, to all skeptics ...time will tell where stupidity lies.
Way to go IV, will never let ourselves down. Rally is just a begining ...
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xbohdpukc
03-18 01:32 PM
I think I-485 filing clause is needed. Please note that the USCIS is not staffed enough. So there is a high possibility that the priority date retrogression will continue even if all the current provisions included in the Frist bill is passed. They will retain the retrogression in order to control the number of applications. In such a scenario, it is important for us to try and introduce the I-485 clause, so that people could get their EAD while they wait for USCIS to clear the mess. My 2 cents.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
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Gravitation
03-13 09:03 PM
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
... and if you have a copy of that beautiful I-140.
... and if you have a copy of that beautiful I-140.
ilikekilo
03-13 04:12 PM
EB3 (India) moved 2 months. Good news. But then?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
sit and wait...until u get old.. u know i mean
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
sit and wait...until u get old.. u know i mean
coopheal
03-14 11:42 AM
I hope you are correct but look at for EB3-I.
There are about 14 pages of EB3-I before 2004. So with assumptions of 2% applicants registered on there will be approximately 30000 to 35000 EB3-I applicants.
(14*50)/(0.02) = 35000
Sure there may still be 2002 files waiting but it is definately not a GREAT number. Here are three logical bullets to conslude that.
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
There are about 14 pages of EB3-I before 2004. So with assumptions of 2% applicants registered on there will be approximately 30000 to 35000 EB3-I applicants.
(14*50)/(0.02) = 35000
Sure there may still be 2002 files waiting but it is definately not a GREAT number. Here are three logical bullets to conslude that.
- Many people with 2000/1/2 dates have already left USA - Tired: Could not
take the delay:Found good oppertunity back home or elsewhere
- Black labor market played a part to shift a considerable load either to EB2 or
PD date from 1999/2000 and thus many people preferred that path either
stuck in EB2 or have already got their GC
The only thing we can be unsure about stuck in NC with those early PDs.
Having said this, it is ofcourse impossible to predict perfect chain of future flow, I see hope for EB3-I in this year, particularly last quarter at least for the people having 2004-Mid and before PDs.
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