logiclife
01-16 04:18 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
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singhsa3
03-04 09:44 AM
My letter to realtor.org
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
****************************
Dear Sir/Madam,
We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660
Yours truly,
Sanjeev Singh
desigirl
02-16 09:05 AM
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Thanks.
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dtekkedil
07-16 06:18 PM
Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
The only way to counter this is to fax the senators and reps stating the "real" facts!
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
The only way to counter this is to fax the senators and reps stating the "real" facts!
more...
kumar1
05-15 05:34 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
sodh
07-24 01:35 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
more...
vin13
03-09 12:59 PM
Please do not start the may prediction right now. :rolleyes:
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greencard_fever
03-15 06:13 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
more...
Jaime
09-12 01:24 AM
You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!
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GCanyMinute
08-02 02:42 PM
Hey BumbleBee ! Thanks a lot!!
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
more...
alias
06-10 01:37 PM
Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
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nomi
12-13 08:38 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.
I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.
All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.
what do you guys think ??
thx.
Nomi
can we start mass web faxing USCIS for rule change?
Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.
I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.
All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.
what do you guys think ??
thx.
Nomi
more...
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sc3
10-16 06:05 PM
What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people’s answers.
I havent twisted anyone's answers. When you (and others) say "reacted" you mean that they are intentionally shafting you in some way. Do you dispute that? Why is the very first response to this idea something to the tune of "..and see the cutoff go back to ice ages". It clearly shows that people are saying USCIS will "revolt" against you (not necessarily in as many words).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn’t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
Let's see here; I don't need to know why you did not apply earlier, that is your personal matter. But answer me this.
I have a PD of late 2002 (EB3), and haven't been able to apply due to personal reasons. Now when the PD becomes current. I apply and the following bulletin further advances the PD. Do you think that I should be given preference over someone who had no personal obligations and applied in 2007, that is to say, should the entire system be ground to a halt because I am a late filer?
Now put yourself in the earlier RD's applicant? What will be your answer? Do you think someone who delays for personal reason be given a free pass just because he has an earlier PD??
I know you dont want to hear it, but the current system of RD based processing is a good system. Your grouse probably is that they advanced the PDs so much further when there was enough demand from earlier PDs. If you argue on that premise, I will be very supportive. But I am insensitive to "I have an earlier PD, so I should get my GC first".
PD has its place in the system, however it does not play a role in processing order.
Just because I said USCIS is doing something wrong (not following processing order..) doesn’t mean I said that DOS did something right.. you keep assuming things..
You were blaming USCIS for the Perm/BEC debacle, I did not assume anything you haven't already said.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
I guess your computer has a bug, it is not showing the winkies and the smiles properly. Get a technician to look at it.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching….
I was responding to "bec", and you ended up debating the issue by supporting the idea that USCIS retaliated because of the July 07. I guess that makes it fair play for people to assume that you are against the original idea. I you consider it to be overreaching to make such connection, I apologize for that.
I havent twisted anyone's answers. When you (and others) say "reacted" you mean that they are intentionally shafting you in some way. Do you dispute that? Why is the very first response to this idea something to the tune of "..and see the cutoff go back to ice ages". It clearly shows that people are saying USCIS will "revolt" against you (not necessarily in as many words).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn’t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
Let's see here; I don't need to know why you did not apply earlier, that is your personal matter. But answer me this.
I have a PD of late 2002 (EB3), and haven't been able to apply due to personal reasons. Now when the PD becomes current. I apply and the following bulletin further advances the PD. Do you think that I should be given preference over someone who had no personal obligations and applied in 2007, that is to say, should the entire system be ground to a halt because I am a late filer?
Now put yourself in the earlier RD's applicant? What will be your answer? Do you think someone who delays for personal reason be given a free pass just because he has an earlier PD??
I know you dont want to hear it, but the current system of RD based processing is a good system. Your grouse probably is that they advanced the PDs so much further when there was enough demand from earlier PDs. If you argue on that premise, I will be very supportive. But I am insensitive to "I have an earlier PD, so I should get my GC first".
PD has its place in the system, however it does not play a role in processing order.
Just because I said USCIS is doing something wrong (not following processing order..) doesn’t mean I said that DOS did something right.. you keep assuming things..
You were blaming USCIS for the Perm/BEC debacle, I did not assume anything you haven't already said.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
I guess your computer has a bug, it is not showing the winkies and the smiles properly. Get a technician to look at it.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching….
I was responding to "bec", and you ended up debating the issue by supporting the idea that USCIS retaliated because of the July 07. I guess that makes it fair play for people to assume that you are against the original idea. I you consider it to be overreaching to make such connection, I apologize for that.
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harish
05-21 11:59 AM
Congrats,
Thanks!
Please keep supporting IV
Of course...that is a no-brainer. :)
Thanks!
Please keep supporting IV
Of course...that is a no-brainer. :)
more...
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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,
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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rghangrekar
02-20 04:05 PM
Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...
more...
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sgorla
01-16 01:39 PM
Hello folks,
I just signed up for $ 20 a month contribution to IV. I hope this helps to fight for our cause. I did talk to few people that I know who are in the same boat as we are, and hope they join IV and contribute.
I just signed up for $ 20 a month contribution to IV. I hope this helps to fight for our cause. I did talk to few people that I know who are in the same boat as we are, and hope they join IV and contribute.
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unseenguy
02-13 08:13 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
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work4pd
04-03 10:11 PM
?? A new bill in senate to reform H1B ???
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
Here is another news link -
http://news.com.com/Senate+bill+gives+Americans+preference+for+tech+jo bs/2100-1014_3-6172981.html?tag=nefd.top
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
Here is another news link -
http://news.com.com/Senate+bill+gives+Americans+preference+for+tech+jo bs/2100-1014_3-6172981.html?tag=nefd.top
tooclose
07-12 07:25 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.
Zigzag, do you know where we can lookup this information ? Thanks.
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.
Zigzag, do you know where we can lookup this information ? Thanks.
jungalee43
02-06 09:37 AM
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
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