realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
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hopefullegalimmigrant
07-26 11:21 AM
For those who think this is like another forum like alcoholics anonymous etc. I think that is what this is(not literally though). Without immigration voice or like forums we could be a lot worse. it is good to vent, exert feelings and come out with experiences and share them P2P. This is one of our life lines. One way or the other immigration affects us. Each one takes it in different ways. Like it or not.:cool:
eilsoe
02-03 05:22 AM
np kit :)
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satishku_2000
01-03 07:13 PM
Definition of marriage according to the DOMA
http://en.wikipedia.org/wiki/Defense_of_Marriage_Act
http://en.wikipedia.org/wiki/Defense_of_Marriage_Act
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glus
06-01 09:53 AM
Voted YES.
abhijitp
08-15 01:19 AM
Thanks heywhat and abhijitp
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
more...
Jaime
08-31 04:26 PM
Thank you! The reporter interviewed me for this story and I didn't even know it was published.Wow, you're the guy in the article? Good job!
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eb3retro
10-29 09:26 AM
Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
Attrocity to the core and the height of irresponsibility.
more...
poorslumdog
09-10 08:43 PM
Guys,
Sorry to deviate from PMP...since its related to certification I am posting it here...
If anyone of you here in SAP, Oracle apps, JDE...this might be useful. I have APICS CSCP (Certified Supply Chain Professional) books all four volumes in very good condition. I have cleared the exam today and putting it for sale. If you need please send me private message. I will donate 10% to IV. I am listing it here as there are lot of guys in IT and working in ERP. So please dont give me red.
Thanks.
Sorry to deviate from PMP...since its related to certification I am posting it here...
If anyone of you here in SAP, Oracle apps, JDE...this might be useful. I have APICS CSCP (Certified Supply Chain Professional) books all four volumes in very good condition. I have cleared the exam today and putting it for sale. If you need please send me private message. I will donate 10% to IV. I am listing it here as there are lot of guys in IT and working in ERP. So please dont give me red.
Thanks.
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user1205
02-20 05:27 PM
I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
more...
GCwaitforever
11-16 02:53 PM
This is relevant because some of us have EAD which is legal authorization to work (restricted though) or spouses have EADs (unrestricted). Placing barriers like US citizens only or Greencard holders only is discriminatory.
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mrow
06-19 07:18 PM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
more...
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ita
11-06 05:37 PM
You should do following for Advanced Parole related appointment if you are arranging the first appointment.
http://www.infopass.uscis.gov/
Select
- You need Service on a case that has already been filed
On next screen select
-Case Processing Appointment - If you received a notice to go to your local office for further case processing.
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Thank you.
http://www.infopass.uscis.gov/
Select
- You need Service on a case that has already been filed
On next screen select
-Case Processing Appointment - If you received a notice to go to your local office for further case processing.
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Thank you.
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hindu_king
06-01 09:21 AM
When is this going for voting?
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Gravitation
07-06 04:02 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
22 diggs already. 500 diggs will make it a top story!
22 diggs already. 500 diggs will make it a top story!
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raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
more...
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thecipher5
04-03 12:21 PM
Hello!
I'm willing to meet the lawmakers for the immigration bill in New Jersey...
If anyone else who is already working on this or has scheduled any appointment, please let me know.
-- thecipher5
I'm willing to meet the lawmakers for the immigration bill in New Jersey...
If anyone else who is already working on this or has scheduled any appointment, please let me know.
-- thecipher5
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24fps
02-27 05:52 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
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H1B-GC
12-04 03:54 PM
Fellas,
Found this news clipping on an Indian newspaper Today. Below is the Link to the news Article and what it says.It's naive to conclude its gonna happen overnight but the issue of getting back our Social security is catching up!!
New Delhi, Dec. 4: India and the United States will discuss the issue of a totalisation agreement next week to allow Indians working in America to avail of social security benefits that they pay while working in the United States. Visiting US secretary, US under-secretary for international trade, Franklin L. Lavin said, United States and India are trying to reach a closure on the matter and the United States will be taking up the matter next week.
Speaking at a function, held in the capital on Monday by the Confederation of Indian Industry (CII), Mr Lavin, who is heading the largest-ever US delegation to India of 250 companies, also revealed that the United States has approved the opening of a consulate in Hyderabad to encourage business with the State.
Noting that the US was looking at various ways to make business with India easier, Mr Lavin said, the idea was to have an independent economic relation. �We have consistently said that companies have to be serious about doing business with India on a standalone basis. It is not a question of whether to invest in India or Brazil or China, but a necessity. We want to make it easier to do business with India,� Mr Lavin said.
On the Doha round of talks of the World Trade Organisation, Mr Lavin said, �We can expect an outcome if Brussels, New Delhi and we, each show our willingness to take things forward.� He also said that several initiatives have resulted in greater Indo-US business cooperation.
These include the Open Skies Agreement in civil aviation, as a result of which passenger traffic has increased 60 per cent in the last one year, reduction of tariffs on industrial goods, a raise in investment caps in retail by India and efforts to liberalise entry of foreign education institutes. Mr Lavin, however, pointed out that there are a number of challenges facing India-US business ties.
Link:
http://www.deccan.com/Nation/NationalNews.asp#Hyderabad%20to%20get%20US%20consu late%20soon
Found this news clipping on an Indian newspaper Today. Below is the Link to the news Article and what it says.It's naive to conclude its gonna happen overnight but the issue of getting back our Social security is catching up!!
New Delhi, Dec. 4: India and the United States will discuss the issue of a totalisation agreement next week to allow Indians working in America to avail of social security benefits that they pay while working in the United States. Visiting US secretary, US under-secretary for international trade, Franklin L. Lavin said, United States and India are trying to reach a closure on the matter and the United States will be taking up the matter next week.
Speaking at a function, held in the capital on Monday by the Confederation of Indian Industry (CII), Mr Lavin, who is heading the largest-ever US delegation to India of 250 companies, also revealed that the United States has approved the opening of a consulate in Hyderabad to encourage business with the State.
Noting that the US was looking at various ways to make business with India easier, Mr Lavin said, the idea was to have an independent economic relation. �We have consistently said that companies have to be serious about doing business with India on a standalone basis. It is not a question of whether to invest in India or Brazil or China, but a necessity. We want to make it easier to do business with India,� Mr Lavin said.
On the Doha round of talks of the World Trade Organisation, Mr Lavin said, �We can expect an outcome if Brussels, New Delhi and we, each show our willingness to take things forward.� He also said that several initiatives have resulted in greater Indo-US business cooperation.
These include the Open Skies Agreement in civil aviation, as a result of which passenger traffic has increased 60 per cent in the last one year, reduction of tariffs on industrial goods, a raise in investment caps in retail by India and efforts to liberalise entry of foreign education institutes. Mr Lavin, however, pointed out that there are a number of challenges facing India-US business ties.
Link:
http://www.deccan.com/Nation/NationalNews.asp#Hyderabad%20to%20get%20US%20consu late%20soon
glus
06-01 09:53 AM
Voted YES.
chanduv23
05-13 12:01 PM
Folks - here is what you all do.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
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