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desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

This was the response i got from Ron Gotcher.

"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


If this is true, we have lost a lot of visas last year.

Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

Is there a way to confirm this? We got to do something to resolve this problem

As per this link

http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.

So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?


__________________
Not a legal advice.
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crystal
07-02 10:00 AM
Currently Active Users: 1800 (489 members and 1311 guests)
Most users ever online was 1,801, Today at 09:58 AM.
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.

With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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hiyer31
01-26 12:00 PM
What happened to all the thesis and discussions? i felt disgusted listening to the state of the union address. i completely am of the opinion that everybody deserves a chance even those who are here illegally. But there is something wrong with a country which wishes to cater to them to favor them who broke the laws then the who indian community which barely breaks laws and is probably the most god fearing and law fearing group of people in this country. We have 0 representation in this nation. Taxation without representation. All the social security and medicare taxes I will never probably get to use it. I wish we could all muster the courage to quit the jobs and leave this country and let every client and employer deal with the fallout. Unfortunately we cant. Since there are 10 others in line behind me who will willing become slaves for the little comfort they get. Life has become very frustrating.
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vkotval
12-28 03:01 PM
Just wanted to share this link with you all

http://www.murthy.com/news/n_analys.html
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pappu
12-26 08:37 AM
Good idea.it would help if members can also list such sites and forums on the thread so that everyone can go and post. I like the idea of 'Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)' as the headline. People get attracted to such headlines.

I did a quick google search for 'desi forums' and found several http://www.google.com/search?hl=en&q=desi+forums&btnG=Google+Search

I am sure there must be several for other nationalities and several local sites like http://kcdesi.com/ all over the web.

it will only require a contribution of 15 minutes of your time to help in this effort.
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gcisadawg
02-13 01:49 PM
Ash, I agree with the message but you need to work on the choice of words. This not ethnic cleansing or lynching or systematic targetting. I'd say America is going into a protectionist mode. When you are in that mode, the first step is to keep aliens at a distance.
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uma001
07-29 05:15 AM
Mod/Admins,

please confirm whether we can post this type of information.This is to protect H1 guys from falling into trap from these companies
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starscream
02-18 04:27 PM
I did not find any section specificcaly about ending EB or ending H1B , the only reference to H1b is in SEC. 1403. that is for fashion models:

SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-



http://www.opencongress.org/bill/111-h264/show

This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

Please add your views about this bill.

Also, is there a IL chapter for IV?
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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..
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webm
12-15 11:48 AM
Well said Chandu..it's true..
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?

Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

So legal pattern for spillover is as under.
--------------------------------------

EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1

Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)

In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
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h1-b forever
01-24 09:16 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

Let me put forward my idea.

The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

GK,

I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

Cheers,
Rayoflight

Did anything come of this plan? Is this doable?
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Kodi
04-01 11:36 AM
Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.

Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?

Thank you.
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gjoe
09-19 11:14 AM
Good work everybody , you guys have made this rally a great success.

I brought up this issue of standing out a legal immigrants in one of my posts, but most of them in the forum said they wanted to wear the IV T-Shirt.
I can help with things to do with psychology or mass communication, please feel free to contact me through PM if you need my services. I am not a trained professional but it is my hobby since a long time.

QUOTE=gjoe;157591]I would agree with idea of dressing professionally. We need not carry laptops and stuff like that but a neat formal dress would send out a clearer and bolder message about skilled immigrants.
We are a small crowd ( legal immigrants) we have to differentiate ourselves, the least we can do is dress formally. Formal dressd, organized and well behaved crowd will garner lot of attention (the right kind) and serve the purpose (of the rally).


Thanks,

PS: All this advice is based on my knowledge about human mind and social psychology.[/QUOTE]



First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


We cannot be perfect the first or second time....Lets learn from this rally....


A pat in the back to all those who attended the rally....

Good Luck
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NKR
09-19 04:06 PM
Why do you insist that I stop posting, since you don't like it. :confused:
Never insisted you stop posting, was only hoping that you will post some sensible stuff

If you don't want to hear the problems, you don't have to read these posts.
It�s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.


Since you think this is all my prediction - Today from washington post

I am sticking to your advice, I am not reading that boring news.
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abhijitp
07-24 06:08 PM
Only the ones who were on OPT.
No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.
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dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?

Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?

Thanks much!!
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priti8888
02-16 02:57 PM
2006 census


Total population of India,china, mexico and Philipines = about 40 % of world population

India - 17% of world Population
China- 20% of world population
Mexico- 1.7
Phillipines-1.3 %
------------
Ttl 40 % of world population.

so theres a reason behind this quota. Its not divide and rule.

Excluding US (4.3) , ICMP Still comprise of 35.7 % of world total
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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newuser
04-21 07:46 PM
Could someone post the meeting notes.
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