walking_dude
11-30 04:44 PM
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
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davidbhatt
01-30 05:06 PM
Dose any one care for people who have been deported and had a green card,,,,, their wife,kids,mom,dad,brother,sister, every one are in us,
oh ya and dont say that their is a lawyers for that cause their are people who cant aford lawyers, dam some time this country make's me fell sick as hell,
oh ya and dont say that their is a lawyers for that cause their are people who cant aford lawyers, dam some time this country make's me fell sick as hell,
BharatPremi
03-24 04:00 PM
www.ilw.com/seminars/september2007_citation1j.pdf
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sandy_77
05-09 07:36 AM
I would like to request all the senior members at IV to help us with these questions:
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
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Jimi_Hendrix
12-29 12:56 AM
INA 202 (a) (5) (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.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
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.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
raj_k
05-25 05:36 PM
Quebec is a bit more conservative than Ontario (mostly coz of Catholic influences). Montreal is a fine place and one would be able to get along without knowing too much French (anywhere else in QC it's a different story). If you have long term plans for Canada, it's a good thing to know French.. as bi-lingual folks are given preference is many jobs (even outside QC). Montreal has an image of not being friendly to non french speaking folks - hence many who migrate to Canada end up in Toronto. So that may be a competitive advantage for someone moving to Montreal!
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nrk
10-27 09:54 AM
Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
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vishwak
11-12 07:36 AM
Lets make current for the benefit of every one :-)
C for all and collect money for 485 and retro in coming month???
Is that you mean. I believe there are lot of people who has Priority date before 08-May-06 and still waiting for GC.
Lets hope date remains same or jump couple of weeks a head.
C for all and collect money for 485 and retro in coming month???
Is that you mean. I believe there are lot of people who has Priority date before 08-May-06 and still waiting for GC.
Lets hope date remains same or jump couple of weeks a head.
more...
royus77
06-19 02:57 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Same with me My current attorney increased the fee overnight and luckily my employer is ready to work with others. find another one today and sent all the documents ( my 140 was already approved and available with me ) ..Dont want to take any risk with the 485 filing .....so hired another attorney
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Same with me My current attorney increased the fee overnight and luckily my employer is ready to work with others. find another one today and sent all the documents ( my 140 was already approved and available with me ) ..Dont want to take any risk with the 485 filing .....so hired another attorney
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sangmami
07-27 12:44 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Hope this helps
Thanks
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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DSLStart
08-09 09:17 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
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Administrator2
06-26 12:02 PM
Guys, Could we concentrate on the developing situation, please?
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
Could you please call Senate offices expressing your opposition to Menendez amendment?
http://immigrationvoice.org/forum/showthread.php?t=5663
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gclabor07
12-01 12:21 PM
Pappu,
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
more...
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ArunAntonio
03-22 01:30 AM
I have mailed asking for the meeting info. I will meet the local lawmakers.
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yabadaba
05-22 03:02 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
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Saburi
02-12 04:12 PM
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
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hoolahoous
11-06 02:55 AM
i read somewhere on this forum that for EB2-i it VB will move 6 months every year.
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dish
01-10 10:27 PM
We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!
octoberbloom
12-31 12:17 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
alterego
08-10 02:46 PM
The original intent of labour substitution was not bad. If you understand that EB immigration was designed with the AMERICAN EMPLOYER and their needs in mind you will understand why labour substitution was allowed. It was a way for american employers to get employees in critical shortage areas and keep american industry competitive. It really was not meant to either be fair or not fair to you and me. If you understand this then it all makes more sense.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
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