delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
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mirage
03-08 10:23 PM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Goodintentions
02-04 08:36 PM
Dear All,
Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!
Kindly contribute whatever you can, by cheque!
I request all of you to recall the famous lines :
Little drops of water. Little grains of sand,
Make the mighty ocean, And the beauteous land !!!
Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!
Thank you! May GOD Bless the efforts of IV!
Wishing the Advocacy event a grand success!
Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!
Kindly contribute whatever you can, by cheque!
I request all of you to recall the famous lines :
Little drops of water. Little grains of sand,
Make the mighty ocean, And the beauteous land !!!
Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!
Thank you! May GOD Bless the efforts of IV!
Wishing the Advocacy event a grand success!
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sparklinks
08-14 09:46 AM
Aug 13 2007: LIN0723350001-LIN0723354665 (NEBRASKA SERVICE CENTER)
August 13, 2007 is received date or Notice date? are these July 2nd filers?
August 13, 2007 is received date or Notice date? are these July 2nd filers?
more...
bkarnik
05-02 09:13 PM
Forgot to add...IV core: Time for a thank you webfax to Cornyn and the other sponsors :)
sam2006
07-20 10:53 AM
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
more...
psk79
09-12 09:13 PM
Attorney got the receipts today FINALLYYYYYYYYYYY.... No update on my EAD/AP but spouse EAD "ordered"... One Hurdle cleared....
My Info: 140 TSC Approved 2006. 485/EAD/AP JUl 2nd NSC at 1025AM JBARRETT..RECEIPTS received 9/12/07..
My Info: 140 TSC Approved 2006. 485/EAD/AP JUl 2nd NSC at 1025AM JBARRETT..RECEIPTS received 9/12/07..
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h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
more...
h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
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jkays94
05-02 08:23 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
more...
joydiptac
07-21 04:02 PM
I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
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imconfused
07-08 08:03 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.
- This is my understanding and in no way a legal statement..
Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.
- This is my understanding and in no way a legal statement..
more...
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manishcp
08-26 09:13 AM
LC: Dec 2003, EB-3, INDIA
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
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desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
more...
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eastindia
09-27 12:50 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
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June05
08-13 09:43 AM
I and my wife received our cards yesterday.
more...
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tonyHK12
02-24 02:22 PM
I have received the news letter and it is pretty neat. But you know, many people are busy. So my suggestion was to send out another simple version with only the Advocacy day link with a request for contribution.
Will check with StarSun. maybe a weekly mail with our funding status
Will check with StarSun. maybe a weekly mail with our funding status
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Desertfox
05-23 04:34 PM
Sent email to 2+10 senators.
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mhtanim
07-15 05:08 PM
Did you get your EAD/AP approval yet? I filed in 1st week of May, but nothing yet?
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
apahilaj
11-25 08:20 AM
Hi,
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
shantak
05-25 07:25 PM
Sent the email to 10+ 2 senators as mentioned
Thanks
Thanks
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