delax
07-13 08:35 AM
ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
-M
You've got me totally wrong - Its not a question of liking one over the other. How can you compare a lobbying outfit whose objective is to change existing law to better suit reality to a law firm whose objective is to help clients attain permanent residency within the EXISTING law.
If you had been on one of the calls last week that Murthy organized for her clients - you would know what I am saying and why she is doing what she is doing or why she is not doing what everyone else is EXPECTING her to do.
-M
You've got me totally wrong - Its not a question of liking one over the other. How can you compare a lobbying outfit whose objective is to change existing law to better suit reality to a law firm whose objective is to help clients attain permanent residency within the EXISTING law.
If you had been on one of the calls last week that Murthy organized for her clients - you would know what I am saying and why she is doing what she is doing or why she is not doing what everyone else is EXPECTING her to do.
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go_gc_way
12-11 03:34 PM
First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.
Until then, there is no point in having any discussion on this.
I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.
roseball
07-09 03:35 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
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chanduv23
03-13 12:04 PM
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
more...
ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
jfredr
06-12 10:26 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
more...
texanmom
09-26 11:40 AM
Please deluge both the author (Eilene Zimmerman) and the editor with emails pointing out the misrepresentation of IV's agenda.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
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gauravster
02-18 06:08 PM
I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
more...
bajrangbali
03-10 05:57 PM
Folks, no changes in PD can be taken in atleast some positive note:
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
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addsf345
12-10 07:50 PM
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
very good point. Such low-esteemed people will start blaming their parents for retrogression. Why they gave them birth in first place. If they wouldn't have been born, no retrogression. See its EZ!
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
very good point. Such low-esteemed people will start blaming their parents for retrogression. Why they gave them birth in first place. If they wouldn't have been born, no retrogression. See its EZ!
more...
qasleuth
05-26 05:16 PM
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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howzatt
08-15 08:16 PM
Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
LOL. Nice first post!
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
LOL. Nice first post!
more...
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ashwin_27
02-08 05:32 PM
I have lived in VA before and know how much of a mess it can be to commute between VA and DC.
However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.
However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.
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RNGC
09-19 04:36 PM
Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
more...
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nojoke
10-20 11:55 AM
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Give me an ad like "he is palling around with ...". Or "he is teaching sex for babies..." or..
I can go on. Obama has highlighted healthcare policy differences. That is not negative ad. The only negative ad I have seen is " he is erratic.."
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Give me an ad like "he is palling around with ...". Or "he is teaching sex for babies..." or..
I can go on. Obama has highlighted healthcare policy differences. That is not negative ad. The only negative ad I have seen is " he is erratic.."
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gcseeker2002
12-28 02:49 PM
I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.
Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.
more...
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GCwaitforever
02-22 11:41 AM
EB-2 India went to unavailable because USCIS stamped 2003/2004 petitions left and right to consume VISA numbers. Then they realized there were bunch of 2001/2002 petitions gathering dust. After no VISA numbers left, they had no option but to move the priority date backwards to make very few petitions current.
I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.
I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.
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varshadas
02-01 03:27 PM
That's fine. As long as some of us are there, we should be fine. Right now we need to finalize the flyer.
Thanks,
Varsha
Thanks,
Varsha
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andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
delax
07-13 10:22 AM
Permit me to call out the grossly misguided emotions I've seen in this thread.
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
Cant agree more - Well said.
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
Cant agree more - Well said.
abcdefgh
01-18 12:27 PM
http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks