12: Derrick Rose #1 of the
GreenCard4US
06-11 02:54 PM
Should we contact the Indian Government?
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
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Dhundhun
10-19 09:46 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
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jayleno
10-15 03:31 PM
Buddy did you even read what I said???
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
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hara_patta_for_rico
07-09 07:05 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.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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iptel
12-11 02:59 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
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ukats02
10-20 09:00 AM
If you download and read Obama's immigration plan (PDF), it is more or less the same ( Vs MacCain's plan). Except for no mention in specific words about increasing the H1 #'s or GC #'s, the plan actually makes note of the hardships faced by legal immigrants. The problem is acknowledged and they accept that the legal immigrations system is broken, which to me, means that they will try to fix it.
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rayoflight
05-27 06:38 PM
Well you can certainly make copies but I was talking about making 'color' copies. As far as I know making color copies is illegal.
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justAnotherFile
07-12 07:53 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
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karanp25
07-14 06:28 PM
Sorry for asking too many questions. One more thing is when did you get this RFE? I am in similar situation---used AC-21 and applied for EAD back in first week of May 2008, but nothing yet from NSC. I was with my GC sponsoring employer for more than 6 months though and I-140 was approved back in 2005.
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
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Jaime
09-13 10:06 AM
Come To Washington!! It's Now Or Never!!!
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msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
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gimme_GC2006
05-15 10:01 AM
Any Idea about the following MBA Distance Leaning Courses from India
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
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santb1975
07-01 09:42 PM
We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.
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prinive
04-07 05:09 PM
Thanks..
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dagabaaj
09-28 04:39 PM
Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
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justAnotherFile
07-01 09:59 PM
in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
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.soulty
02-13 08:16 PM
think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.
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rpatel
07-24 12:08 PM
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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quizzer
08-15 04:02 PM
In fact better than expected for EB2
pappu
01-11 01:21 PM
Hi:
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
welcome.
pls contact varsha and others to start chapter activities.
varsha, pls plan some action items for the chapter.
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
welcome.
pls contact varsha and others to start chapter activities.
varsha, pls plan some action items for the chapter.
Rajeev
12-14 01:59 PM
I am from Park Ridge NJ. I will join the conference today.
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