Maverick1
10-09 12:50 AM
................................ The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
:D Classic logiclife :):)
:D Classic logiclife :):)
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kinvin
05-01 10:19 AM
Thanks!
Dont reply to PM
Dont reply to PM
delax
07-27 12:33 AM
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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dingudi
11-06 02:10 PM
All,
I do not think transfer matters. Mine was filed directly with TSC because my lawyers reason: my I-140 was approved from there.
Apahilaj,
I am guessing that we will probably receive similar response as posted by sweet_jungle that they are waiting for local ASC. I don't think we will receive FP after notice 30 days but this kind of response. Maybe local ASC are scheduling peoples appointment based on their name check results. Otherwise why would people who applied on last day of filing , Aug 16,2007 receive FP notice from my local ASC and not me.
Apahilaj, I have this idea. Is there a way we can reach an IO who is not associated with TSC but can give the same information. Maybe an IO of NSC/CSC.
I do not think transfer matters. Mine was filed directly with TSC because my lawyers reason: my I-140 was approved from there.
Apahilaj,
I am guessing that we will probably receive similar response as posted by sweet_jungle that they are waiting for local ASC. I don't think we will receive FP after notice 30 days but this kind of response. Maybe local ASC are scheduling peoples appointment based on their name check results. Otherwise why would people who applied on last day of filing , Aug 16,2007 receive FP notice from my local ASC and not me.
Apahilaj, I have this idea. Is there a way we can reach an IO who is not associated with TSC but can give the same information. Maybe an IO of NSC/CSC.
more...
guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
pappu
12-11 10:41 AM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
more...
a2006
05-02 01:20 PM
non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
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Siddharta
03-23 06:31 PM
...... because my AOS got filed last year, I made the decision to let go of my canadian GC.
How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.
How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.
more...
immigrationvoice1
03-26 10:04 AM
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
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immigrationmatters30
07-22 08:17 AM
Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.
more...
desi3933
07-08 01:20 PM
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
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ArunAntonio
07-09 07:12 PM
I send emails to every one on the above list.
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Mahatma
12-20 03:05 PM
Never make anything a weakness....thats when you will feel you have everything to lose if you don't get it.
This is one of the very wise and rational answers that I liked. It comprehends the truth of life!
This is one of the very wise and rational answers that I liked. It comprehends the truth of life!
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arumalla
07-08 04:45 PM
can some one send me the updated notice page link, so I can post some threads and start linking to that page in all the tech and news forums I know of... so that we can get more awareness of this issue....
Thanks
Chandra Arumalla
Thanks
Chandra Arumalla
more...
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PDOCT05
10-05 09:35 AM
Friends...looks like TSC is doing July 2nd filed cases..lot of july 2nd filers got receipts...let's hope for our turn in the next week. Please update if any of july 3rd applicant get's RN?
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thomachan72
11-17 03:54 PM
Sent. Thanks!!
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anzerraja
07-20 10:11 AM
Yes, we are considering that option. Thanks for the suggestion !
Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.
Thanks for your help with the spreadsheet thing
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.
Thanks for your help with the spreadsheet thing
Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.
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mirage
03-07 10:23 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
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guchi472000
09-09 05:57 PM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C 22MAR05 22JAN05 C C
3rd 01JUN02 22FEB02 15APR01 01MAY02 01JUN02
Other
Workers 01JUN01 01JUN01 15APR01 01JUN01 01JUN01
4th C C C C C
Certain Religious Workers U U U U U
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C
5th Pilot Programs U U U U U
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C 22MAR05 22JAN05 C C
3rd 01JUN02 22FEB02 15APR01 01MAY02 01JUN02
Other
Workers 01JUN01 01JUN01 15APR01 01JUN01 01JUN01
4th C C C C C
Certain Religious Workers U U U U U
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C
5th Pilot Programs U U U U U
guchi472000
04-24 10:24 AM
Pls check the link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
raju123
07-11 10:08 AM
Good job Raju. Thanks a lot
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
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