Tuesday, June 28, 2011

april moon phases 2011

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  • hemal555
    01-23 11:43 AM
    Hi Varsha,

    Is there any schedule for the ongoing conf call?
    Also, please let me know if there are any guidelines about what we need to talk when calling senators.

    Thanks,
    Hemal





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  • pmb76
    03-18 04:58 PM
    Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:

    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.





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  • eeezzz
    02-14 11:52 AM
    The spirit of US is to united everyone from different countries and races to live together to be loyal to the same country. But truly they don't want too many immigrants from one or two specific country. That is why they setup the country limit rules. So the population for all the immigrants from differnet places grows up about equally in this country. I think this is normal to every country. I believe every country will do the same if they are facing a lot immigrants. If the other day many immigrants from other countries want to go India, Indian gov. will do the same.

    Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?





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  • axp817
    01-30 01:31 PM
    Sorry to hear about your plight, what do you plan to do if the RFE is for employment verification?

    Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.

    Good luck.



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  • shaxami
    04-05 09:23 AM
    has anybody contacted senator office or congress person office on this issue. They are sometimes very helpful in handling matters of red-tape.





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  • feedfront
    10-21 01:26 PM
    Hi Guys

    At last today is my day.. online status changed to "Card Production Order" :)

    Hope every one will get soon.

    Thanks
    onemorecame

    Congrats dude, I had told you to hang in there and you would hear something in a week or two.



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  • alias
    09-10 01:25 PM
    Would the Sys Admin know if you've done that? :D

    Nope, you are simply transporting RTSP video data on port 80, to them it should be like any other web traffic.





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  • deepimpact
    09-10 08:50 PM
    It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.


    Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.

    I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.

    I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .

    Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.

    The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
    Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
    This is assuming low demand in all EB categories continue.
    It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.



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  • vin13
    11-10 11:07 PM
    Guys..

    I have been watching and participating in this drama for a long time....

    We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

    This will benefit all EB 2 / EB 3

    We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Seriously guys,
    We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

    There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

    Here is the draft. See if some of you can use it to fight the cause.
    ----------------------------------------------------------------------------------------------
    Dear Mr. Charles Oppenheim,
    First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
    We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
    The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
    Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
    Quarterly Spill-over will benefit administration by:
    1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
    2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
    3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
    4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
    5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
    Quarterly Spill-over will benefit Applicants by:
    1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
    2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
    3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
    As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,





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  • mbawa2574
    02-18 06:19 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.

    Whenever you talk with any politician , illegal immigration pops in. They just love it...

    I am not sure any of these people understand immigration laws.

    Hmm Is this different from India or any other country ? ...no

    Politician preach what majority vote bank likes...I have no hopes from this anti-business, anti-innovation congress and an inexperienced President. When they started their gig with voting against Skilled Immigrants, I am not sure what else is coming.

    On the other hand- Watch out Obama's economic recovery plans, they punish every person who is successful by virtue of his hardwork and will add debt on US books.. I am sure Obama would be driving out innovation from this country by joining hands with Anti-Captalist and Anti-business lobby.



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  • sirinme
    11-04 11:37 AM
    Nrc2008063524





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  • sunty
    11-13 03:10 PM
    A couple of documents about the

    Immigrant Visa Allocation Management System (IVAMS)

    This is the system that performs the analysis for the Visa demands/allocations etc...

    http://www.state.gov/documents/organization/109134.pdf

    http://www.state.gov/documents/organization/87963.pdf

    Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while...:confused:..

    Hope thats not the case though..



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  • ItIsNotFunny
    10-15 04:40 PM
    Guys,

    It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.

    By the way, I already got few red flowers (red dots) :)





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  • av2004
    07-02 10:34 AM
    Sent the e-mails to my senators.. Will update if there is any response back from the Senators. Thanks to IV for providing the simplified form!



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  • Dhundhun
    07-13 02:18 AM
    the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.

    Thanks immique. I am correcting it.





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  • Ramba
    07-14 06:39 PM
    Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.

    Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.

    Are you sure they are revoking your 140?



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  • ras
    07-12 11:38 AM
    am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.

    At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?

    Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.





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  • TexDBoy
    09-10 02:42 PM
    You can open real player ... then file -> open ..
    http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi





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  • akshaya10001
    07-13 03:19 PM
    Few points to add......

    Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
    There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.

    EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.

    The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
    1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
    2> ROW EB3 porting to EB2.

    Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.

    second point is the only negative for spill over numbers.

    Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.

    So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.

    HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.





    andycool
    07-12 04:56 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D





    nogreen4decade
    07-15 01:36 PM
    I think you are in. Good Luck!
    Mine is 3/21/06. So close...yet seems like so far :(
    Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:



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