Friday, July 15, 2011

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  • jonty_11
    07-09 06:36 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...





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  • eeezzz
    02-15 02:57 PM
    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
    I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
    Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
    Who determine the best jobs are? and who determine the best people are?
    The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
    Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
    State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.

    Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.

    I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.





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  • PresidentO
    03-10 01:31 PM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    Let me guess. You are brother/sister of Ron Hira who is in bed with programmers guild and who wants to shut the golden door as soon as he is done. Ron and ilk would never say that they/their parent's stole an American job. They are all genuine and we are all fraud. If you can stay permanently, We can too. Cut the crap! Kid

    You showed your two big foot in your mouth by saying that immigration policy has nothing to do with this and this is purely supply/demand. Whom are you trying to kid? Supply and demand changed because the immigration policy changed. H1B visas were increased from 65K to 195K, without a increase in the GC numbers. Folks on the hill made businesses happy by increasing the H1B numbers and did not care a rat's ass about how the increase will choke the GC system. The effect is compounded with 245i and USCIS inefficiency. But the root cause is policy that did not encompass all aspects of Employment based immigration.

    You moron! People just did not come here night over night flying on their wings. It is the policy stupid that created the supply/demand problem. You don't need to lurk and then lash out by taking a conversation out of context. The guy who quoted the 2A was just quoting the retrogression times in EB and FB and was pointing out the absurdity. Of all the people, you thought EB folks dont care about family and unification issues. Yeah right! What else you gotta spit?





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  • kanaihya
    09-26 12:22 PM
    What paragraph ? what is the update in the CNN link ? i don't see any, every where its h1B..can somebody pl. help..



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  • willigetagc
    08-26 09:01 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.

    You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.

    About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
    BTW, this is another thing you might want to check with the attorney.

    It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.

    BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.





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  • anurakt
    11-17 12:49 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.

    I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....

    If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....

    EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!

    I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....



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  • anilsal
    12-11 03:44 PM
    I think USCIS is under department of homeland security.

    Department of State is mainly for travel.





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  • waitnwatch
    07-13 11:30 AM
    Reading through this thread I find this intense debate about the value and intentions of Murthy's letter.

    Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.

    Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?



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  • FinalGC
    12-27 08:39 AM
    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?


    GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..





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  • bitu72
    01-31 10:04 AM
    first of thanks a lot for taking time and explaining this in detail.

    so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

    RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
    assuming u r getting RFE in future. this realy is crazy.



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  • hpandey
    01-18 12:34 PM
    What a stupid law. I have seen my couple of friends in the same situation too near the Canadian border where they were asked for their passports and they did not have them ( of course not !! ) . They were travelling to Vermont and never crossed the border .

    But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .

    This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...





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  • jaocanada
    09-19 03:40 PM
    I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.

    This is my from of contribution.

    MeMyselfandUs: Thank you very much for registering the domain and adding the forwarding link.



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  • willgetgc2005
    04-20 05:11 PM
    If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?

    I will send my phone number as pm.





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  • mayhemt
    02-10 10:28 AM
    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?



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  • pcs
    02-14 03:15 PM
    1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
    People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital

    2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany

    In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss

    3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
    Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable

    4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
    Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants

    5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
    US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector

    6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
    Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs

    7. Raiding Jewish business and making arrests on a number of charges
    Arrests and charges against body shops have started on body shops.

    More to follow


    The pint is well made....

    See the history... all big things ( godd or evil ) started small....


    How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????





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  • vin13
    03-10 09:52 AM
    Just to give some of the members information on how airline miles could be used.

    typically we would need at least 25,000 miles to redeem a round trip ticket.

    Sometimes some individuals may have let say 20,000 miles. they are 5,000 short of a round trip. Then, we can use someone else who may have about 5000 miles to transfer to the individual with 20,000 to make up the 25,000 for redeeming.

    There is always a transfer fee associated. typically transferring 5000 miles will cost about $50.

    It is not practical to combine several accounts of 2000, 5000, etc to make up 25,000 miles because the transfer fee alone will get to be around $250 to $300. For $300 you might as well just buy the ticket.

    Some of you have been willing to offer a couple of thousand miles. this would be used only if i can find someone who is just a few thousand miles short of 25000 so we can combine.

    I am keeping a log of all the miles donors. Please be aware that not all miles can be used especially when they are just a few thousand miles.

    Miles Donors when you PM me, please mention how many miles you would like to donate. Some of you are sending me a message that you would like to donate some miles. But if you do not mention how much miles you have, i cannot decide if we can use them.

    Also individuals who need air ticket please PM me.

    thanks



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  • sammas
    07-12 05:16 PM
    Where does it say in the bulletin that it will move in the next bulletin?

    QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
    Calgirl,

    If you look at my post, I mentioned the word "HOPEFULLY" and also I did not say that it is mentioned in the current bulletin. I was just trying to be OPTIMISTIC.





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  • vaishnavilakshmi
    07-11 02:04 PM
    Request More Eb3 Guys To Participate......

    Please....

    Hi Alex,

    How about ur details?u havenot posted ur details here???

    vaishu





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  • nmdial
    03-16 11:46 AM
    Dear All,
    I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
    Regards,
    nmdial





    123Wait
    12-22 11:06 AM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(

    Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?





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