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

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

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

    This will benefit all EB 2 / EB 3

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

    If your are with me please respond to this thread

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

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

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

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





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  • sk.aggarwal
    07-29 03:02 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.





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  • gcdreamer05
    01-09 12:38 PM
    Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.

    This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...





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  • va_labor2002
    07-24 08:47 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??

    I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.

    Good luck..



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  • actaccord
    03-15 07:04 PM
    /\/\/\/\





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  • REEF�
    02-16 05:08 PM
    ....

    Owned.

    --

    Nice 3D render ;P 3rdworldmang.



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  • h1techSlave
    03-17 01:55 PM
    People with PD having DEC 2003 and before will have fair chance as well.

    Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.





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  • cgs
    10-20 04:26 PM
    The following was a response to my request to support legal immigration for skilled workers.
    *****
    Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.

    The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.

    Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.

    As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.

    As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.

    Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.

    Sincerely,

    Barack Obama
    United States Senator


    P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/

    Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/



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  • coopheal
    11-11 08:32 AM
    If we are in sinking boat then lets sink rather than try to survive.

    Guy is telling lets try to survive. Lets try.... Its far from success but towards it.

    IV Core any updates?





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  • rbms
    10-15 08:29 PM
    Will mail on Friday



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  • HV000
    02-14 12:51 PM
    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.


    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?





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  • tooclose
    07-12 06:59 PM
    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

    You deserve a happy hour if thats true, since my PD falls within that window :)



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  • feedfront
    11-08 11:39 AM
    Nope, not yet.
    Congratulations,!! Is your card really green or pollution has some effect on it? ;)





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  • nomi
    12-12 10:19 AM
    Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?


    Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.

    One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.

    I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.

    USCIS can allow to file I-485 or they can make some rule without going congress.

    Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.

    what do you guys think about it ??

    thx.



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  • retrohatao
    02-18 11:58 PM
    WaldenPond,
    It is an interesting post.
    I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity

    As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.





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  • meridiani.planum
    03-19 01:41 AM
    May be meaning of Taliban is wrong: No, It means..someone who is seeking religious knowledge. Nothing wrong in it.


    Next time you are in airport security try telling them that you are Taliban and see their reaction.

    some words have sentiments attached to them that go beyond on the literal meanings of the terms. Thats where people need to be a bit sensitive. People here have invited news firms to check out our forums (someone was recently trying to get folks from CNN over); seeing handles like Taliban does not exactly help our cause... common sense, yeah?



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  • pappu
    12-13 01:58 PM
    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
    Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.





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  • pbuckeye
    02-12 08:54 AM
    Folks,

    lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.

    - correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".

    We have established that there is no document to support this but can we find out if this assumption can be true?





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  • Openarms
    11-10 04:46 PM
    Folks!
    Keep sending letters at least we should reach 500.





    laborchic
    09-12 11:06 AM
    So many people in NJ Thread... How many are coming for the rallly....


    Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..





    msgrewal81
    02-19 12:18 AM
    There is a big Hispanic lobby to represent illegals in Congress. Who is there to represent us and put our amendments - NOBODY. So, best is to either oppose it or die.



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