iv_only_hope
06-04 05:16 PM
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
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chi_shark
10-27 12:03 AM
Have you ever been illegal?
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
roseball
06-26 03:24 PM
Guys,
I got mine done at samsclub..Its the cheapest and quality is good too.
You pay $4.99 for 2 copies and 40 cents for each additional copy...I dont think anybody else can beat this price.....
I got mine done at samsclub..Its the cheapest and quality is good too.
You pay $4.99 for 2 copies and 40 cents for each additional copy...I dont think anybody else can beat this price.....
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plassey
08-16 09:43 AM
I think the "someone" you mentioned was me. Feel free to use my name. Glad I could be of help ;)
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
more...
abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
alterego
12-04 06:10 PM
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
more...
diptam
08-01 10:34 AM
I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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kshitijnt
08-08 03:18 AM
Do not decide your long term life with short term outlook. Give enough confidence to your would be wife that she is in your future plans. As many have said, if she can be brought here immediately, try H and L visa. Or get a reentry permit and move to India for 1-2 years and then try for H or L visa. However H & L visa are at the mercy of the company and I dont really think that is an option unless there is a project on radar.
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
But think about it, 5 years is a very long time and you might want to just give up GC if nothing else works. I would not have given up a girl ;) I wanted to marry for the sake of GC. Remember your life is not about GC or living in america, its just a tool to make your life better.
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
But think about it, 5 years is a very long time and you might want to just give up GC if nothing else works. I would not have given up a girl ;) I wanted to marry for the sake of GC. Remember your life is not about GC or living in america, its just a tool to make your life better.
more...
Googler
02-20 05:06 PM
The damn thing was taken down before I could save it. Did anyone save the file?
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ca_immigrant
11-27 01:12 AM
This definately looks good...
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
more...
dixie
12-04 09:44 PM
Personally, if I am not going to get a GC, I would much prefer loosing 20-25% of the PPF and have some chance of recovering the remainder from the "babus" than loosing all of it to the US government that considers me ineligible for benefits that I have already paid for in full. Its a positive sign that the Indian govt, whatever its vested interest may be, has at least considered taking up this issue.
Lets not nitpick on corruption and nepotism in our home countries. Its no secreat that it exists here as well - except that it goes by different names such as premium processing, amnesty etc and the whole thing is more streamlined and marketed with a positive spin on it.Nobody has experienced that more than us. And yeah, I am being cynical here.
Lets not nitpick on corruption and nepotism in our home countries. Its no secreat that it exists here as well - except that it goes by different names such as premium processing, amnesty etc and the whole thing is more streamlined and marketed with a positive spin on it.Nobody has experienced that more than us. And yeah, I am being cynical here.
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srarao
07-19 03:00 PM
Hey it will not be a problem.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
more...
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walking_dude
11-21 07:31 PM
Folks, it's a good thing you guys are doing a grassroots drive. But please keep the chatter out of the public forums.
Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.
So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.
So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
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hopefullegalimmigrant
07-26 11:21 AM
For those who think this is like another forum like alcoholics anonymous etc. I think that is what this is(not literally though). Without immigration voice or like forums we could be a lot worse. it is good to vent, exert feelings and come out with experiences and share them P2P. This is one of our life lines. One way or the other immigration affects us. Each one takes it in different ways. Like it or not.:cool:
more...
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nrk
10-30 12:39 PM
Just came back from Info pass appointment.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
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Macaca
02-01 09:46 AM
Some paras from Increased Immigration Fees Denounced (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/31/AR2007013102016.html?nav=hcmodule).
Sen. Edward M. Kennedy (D-Mass.) joined a chorus of immigrant advocacy groups in condemning the Bush administration's plan to charge legal immigrants significantly more money to obtain green cards, adjust their residency status and bring relatives to the United States.
Under the plan, announced yesterday by Emilio Gonzalez, director of U.S. Citizenship and Immigration Services, the government would charge $905 -- up from $325 -- to apply for a green card or to adjust residency status. Immigrants with green cards would have to pay $595 to become naturalized citizens, a $265 increase. The cost of bringing a foreign fiance to the United States would more than double, to $455.
USCIS has long been plagued by an application backlog, slow processing by poorly trained personnel and an inability to track applications for people. The agency receives no money from Congress and passes on most costs to applicants. A highly critical 2004 Government Accountability Office report said that the agency's fees did not cover its costs.
Gonzalez said the increase would pay for better facilities, more workers and more training so that applications can be processed faster and by a more courteous and professional staff. He said the improvements would help USCIS cope with a guest-worker program should Congress approve some type of comprehensive immigration reform.
The fee increases will be published today in the Federal Register, beginning a two-month comment period. USCIS expects to process nearly 5 million applications in the 2008-2009 fiscal year.
Sen. Edward M. Kennedy (D-Mass.) joined a chorus of immigrant advocacy groups in condemning the Bush administration's plan to charge legal immigrants significantly more money to obtain green cards, adjust their residency status and bring relatives to the United States.
Under the plan, announced yesterday by Emilio Gonzalez, director of U.S. Citizenship and Immigration Services, the government would charge $905 -- up from $325 -- to apply for a green card or to adjust residency status. Immigrants with green cards would have to pay $595 to become naturalized citizens, a $265 increase. The cost of bringing a foreign fiance to the United States would more than double, to $455.
USCIS has long been plagued by an application backlog, slow processing by poorly trained personnel and an inability to track applications for people. The agency receives no money from Congress and passes on most costs to applicants. A highly critical 2004 Government Accountability Office report said that the agency's fees did not cover its costs.
Gonzalez said the increase would pay for better facilities, more workers and more training so that applications can be processed faster and by a more courteous and professional staff. He said the improvements would help USCIS cope with a guest-worker program should Congress approve some type of comprehensive immigration reform.
The fee increases will be published today in the Federal Register, beginning a two-month comment period. USCIS expects to process nearly 5 million applications in the 2008-2009 fiscal year.
more...
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longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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smc
09-19 04:33 PM
Actually, the numbersusa website makes mention of SA 2143 (John Cornyn) of HR 1585,(currently being debated) which according to them allows for recapture of unused EB visas from 1996 and 1997.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
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GCapplicant
07-07 06:17 PM
Its now airing channel 4
mariusp
05-22 03:41 PM
When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
sam_hoosier
07-03 10:13 AM
Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(
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