tikka
07-04 08:18 AM
I sent this email to around 500 media contacts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
wallpaper Europe Timezone Map
Jerrome
05-11 04:45 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
gbof
08-15 10:32 PM
The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.
I gave you green...
You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....
...peace...
I gave you green...
You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....
...peace...
2011 Please refer to the map below
pnara2
01-05 06:05 PM
Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!
more...
_TrueFacts
09-04 11:09 PM
From TOI: http://immigrationvoice.org/forum/newreply.php?do=newreply&noquote=1&p=841163
Authored way back in 2004
says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
[20 Jul, 2004 1737hrs IST]
Authored way back in 2004
says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
[20 Jul, 2004 1737hrs IST]
Dhundhun
08-08 04:57 PM
My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
more...
ronhira
01-13 08:28 PM
how'll this affect those on ead or ac21...... it seems that this has no affect on us if we r using ead with the sponsoring employer or ac21 employer..... is that correct?
2010 TIME Zone Map
srkamath
07-25 09:46 PM
It is really simple.....
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
more...
vikki76
05-13 07:17 PM
RE: Jaime,
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
hair Time Zone Check
sbabunle
11-12 01:31 AM
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
more...
small2006
07-03 04:32 PM
ooking for the following :
Chris Core
Rush Limbaugh
Sean Hannity
Mark Levin
__________________
Less talk, more work.
PD Nov 2005
I-140 Jun 2007 / EB3
http://rkkblogger.blogspot.com/
-----------------------
$20 / monthly
$260 - so far
-----------------------
Mark Levin: http://www.marklevinshow.com/ 1-877-3813811
Sean Hannity: http://www.hannity.com/ 1-800-941-7326
Rush Limbaugh: http://www.rushlimbaugh.com/home/today.guest.html 1-800-282-2882
Chris Core: http://www.wmal.com/showdj.asp?DJID=2173 1-888-630-WMAL
Chris Core
Rush Limbaugh
Sean Hannity
Mark Levin
__________________
Less talk, more work.
PD Nov 2005
I-140 Jun 2007 / EB3
http://rkkblogger.blogspot.com/
-----------------------
$20 / monthly
$260 - so far
-----------------------
Mark Levin: http://www.marklevinshow.com/ 1-877-3813811
Sean Hannity: http://www.hannity.com/ 1-800-941-7326
Rush Limbaugh: http://www.rushlimbaugh.com/home/today.guest.html 1-800-282-2882
Chris Core: http://www.wmal.com/showdj.asp?DJID=2173 1-888-630-WMAL
hot We have chosen GMT times that
bayarea07
07-22 06:03 PM
Good One !!!
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
more...
house Here is the FedEx quot;TIME IN
greencard_fever
07-23 02:28 PM
See this post by Nixstor:
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
See my asumptions in this thread what i said about USCIS and DOS are working closelly.
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
See my asumptions in this thread what i said about USCIS and DOS are working closelly.
tattoo Pacific Time Zone Map
panini
05-18 07:54 AM
The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
more...
pictures During daylight saving time,
unitednations
02-13 03:57 PM
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(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 1153 of this title 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.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(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 1153 of this title 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.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
dresses US time zones map:
Googler
02-16 12:34 AM
I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
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innervoice
09-24 12:47 PM
I'm on H1 and I also bought a house 2 year ago, though would like to sell my house , it's a great idea as I can sell my house easily if that strategy worked out. Then I can buy a house again in order get a GC quickly. ;)
Great Idea! I do support.
Great Idea! I do support.
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Michael chertoff
01-13 01:00 PM
If wishes were wings, pigs would fly
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
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vrbest
07-22 12:27 PM
Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
chantu
03-30 12:39 PM
I am not saying MMS is the best....but better than others. Do you believe the so called Left the savior of our country. I am not bothering who is ruling or not. My only worry - what is done for our future. I strongly believe Left was the speed bump to the development of the country. Mr.Advani dont have anything but Ram Temple. I hardly see any value in that. He runs his politics based on religon and Ram temple. Let him put the plan and vision for out future, to build stronger India....I will be the first one to vote for him.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
bubba
06-12 01:15 AM
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
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