kutra
03-04 07:29 AM
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!
So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?
singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.
In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!
So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?
singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.
In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...
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GCard_Dream
12-13 11:58 AM
Well ... that's the sad part. Everyone in core team is probably reading this but no significant feedback or suggestion has come from them. May be they are all too busy or this topic doesn't have any merit or has been discussed in depth already before. I am not sure what's going on.
Nomi my friend, looks like we are on our own on this one. ;)
Do you think no one from core team reading this thread??
Nomi my friend, looks like we are on our own on this one. ;)
Do you think no one from core team reading this thread??
freedom_fighter
11-11 04:06 PM
wooohoooo what a great idea... bravo! applause
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
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jerez_z
03-12 08:41 PM
It was a hard choice between Thirdworldman and Eilsoe... I had to go with Third cause his lighting was cool, and the setup was nice.
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ca_immigrant
07-13 11:18 AM
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
be ready next month my friend.
-:)
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
be ready next month my friend.
-:)
gceverywhere
09-26 10:12 AM
Hermione,
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.
I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.
Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.
I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.
Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.
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GreenLantern
02-21 05:09 PM
What is all this about LW. Everybody seems to think it's the bomb. Why? Maybe this needs to be it's own thread?
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pappu
07-01 10:09 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
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waitingmygc
04-09 06:00 PM
In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.
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widad2020
01-16 04:37 PM
Good one man. I can see myself while reading your story.
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Slowhand
06-14 10:21 AM
Hi:
My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
Anybody?
Thanks and regards,
Slowhand
My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
Anybody?
Thanks and regards,
Slowhand
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kumar1
03-12 09:01 AM
IVians - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.:D
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.:D
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vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander 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.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander 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.
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rodnyb
04-11 01:05 AM
I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
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MDix
02-07 10:28 PM
Very good point for removing country cap.
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
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Hassan11
07-17 11:04 AM
Numbers USA changed their web fax from H-1 are tax exempt to this (see below):
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) The H-1B program does not require most employers to give hiring priority to qualified U.S. citizens and permanent residents. If the employer is also sponsoring the foreign worker for a green card, there is such a requirement, but again loopholes render the rule meaningless. As prominent immigration attorney Joel Stewart has said, "Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
see link http://www.numbersusa.com/faxcenter?action=preview&ID=8306
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) The H-1B program does not require most employers to give hiring priority to qualified U.S. citizens and permanent residents. If the employer is also sponsoring the foreign worker for a green card, there is such a requirement, but again loopholes render the rule meaningless. As prominent immigration attorney Joel Stewart has said, "Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
see link http://www.numbersusa.com/faxcenter?action=preview&ID=8306
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delhirocks
07-04 11:41 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. .
Good post Ramba
Good post Ramba
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santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
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battineni
07-13 11:05 AM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
ItIsNotFunny
11-06 03:13 PM
Bump ^^^^
a_yaja
04-04 09:10 AM
I hope not. If they ban bodyshops the cap will never run out.
And people in Real companies will be able to get the visas.
There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.
Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?
And people in Real companies will be able to get the visas.
There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.
Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?
