desi3933
07-09 04:13 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
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singhsa3
02-21 02:53 PM
Just one quick thing though:
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
NKR
09-05 04:07 PM
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
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alterego
07-12 07:34 PM
I posted this in another thread.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
more...
sandiboy
07-23 05:22 PM
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
srkamath
07-13 12:30 PM
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
more...
tapukakababa
07-03 03:54 PM
I have contributed $100 yesterday. We can do it.
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unitednations
12-21 10:48 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.
It said prove that you maintained status on each entry.
Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.
I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
The feeling i got from my interview is that is what he was exactly trying to do.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.
It said prove that you maintained status on each entry.
Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.
I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
The feeling i got from my interview is that is what he was exactly trying to do.
more...
jonty_11
06-13 01:33 PM
Guys, We understand its frustrating ...and the anxiety is growing day by day...but infighting wont help....ignore irrellevant posts..and kindly concentrate on educating the senators, media people abt our issues...Keep drilling home the point until we hear from IV core....thats the best we can do...
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Libra
07-05 11:26 AM
What i really wonder is you joined on 2nd of july and questioning IV core efforts....if you really have guts why dont you post with your original login id. and can you please tell me how much you contributed so far for this cause before demanding anything
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
more...
vin13
02-11 11:33 AM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
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Dakota Newfie
07-03 12:20 PM
As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
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spaceguy
10-26 09:29 AM
Eb3 India
PD- Jan 2004
Got EAD,FP and AP
PD- Jan 2004
Got EAD,FP and AP
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greyhair
03-12 01:50 PM
Mr greyhair with brown matter,
I don�t know those folks you are comparing with me. I just said that IV opened a donor only post in wake of delayed April visa bulletin. I wonder why they did this as this was the time to educate/ inform all the members with whatever information they had (Now it is proved they had no info). This is not what a �non profit� organization or any organization would do in a time of uncertainty
This is obvious that IV can not dictate either USCIS or DOL nor they had any information on April visa bulletin but they did not have to hide anything related to delayed visa bulletin fom the non paying members.
IV is a great platform that bring together all of us under one umbrella so that we all share the information and make plans on how to make employee based immigration more hassle free.
As far as is concerned yes I go there and my id there is same as here. I go there so that I could share my knowledge and experience and gather the same from other folks in the same boat as me and this is the same reason I visit IV.
As far donation is concerned I donated once but after that I could not do it for my personal reasons. I will definitely donate once I am out of my crisis, but yes whenever, there has been any campaign initiated by IV of sending letters or faxes I have done my part sincerely.
I don�t know why people like you think that is there enemy in fact they both are there for the same cause and can work together (I don�t know about any past clashes if any between and IV management)
All I want is that IV be more informative to its members.
So Mr brown matter don�t talk more than what your brain can think of.
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
I don�t know those folks you are comparing with me. I just said that IV opened a donor only post in wake of delayed April visa bulletin. I wonder why they did this as this was the time to educate/ inform all the members with whatever information they had (Now it is proved they had no info). This is not what a �non profit� organization or any organization would do in a time of uncertainty
This is obvious that IV can not dictate either USCIS or DOL nor they had any information on April visa bulletin but they did not have to hide anything related to delayed visa bulletin fom the non paying members.
IV is a great platform that bring together all of us under one umbrella so that we all share the information and make plans on how to make employee based immigration more hassle free.
As far as is concerned yes I go there and my id there is same as here. I go there so that I could share my knowledge and experience and gather the same from other folks in the same boat as me and this is the same reason I visit IV.
As far donation is concerned I donated once but after that I could not do it for my personal reasons. I will definitely donate once I am out of my crisis, but yes whenever, there has been any campaign initiated by IV of sending letters or faxes I have done my part sincerely.
I don�t know why people like you think that is there enemy in fact they both are there for the same cause and can work together (I don�t know about any past clashes if any between and IV management)
All I want is that IV be more informative to its members.
So Mr brown matter don�t talk more than what your brain can think of.
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
more...
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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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champu
03-09 03:07 PM
Eb2-i : 15-feb-04
eb3-i: 01-nov-01
Wondering who was doing GC during Nov 2001 time frame? Why the dates have not moved to 2003 when economy started showing signs of recovery? Do we have folks with PD for the last quarter of 2001.:confused:
One more point...
People looking for GC sponsoring employer may want to talk to these evergreen companies...;)
eb3-i: 01-nov-01
Wondering who was doing GC during Nov 2001 time frame? Why the dates have not moved to 2003 when economy started showing signs of recovery? Do we have folks with PD for the last quarter of 2001.:confused:
One more point...
People looking for GC sponsoring employer may want to talk to these evergreen companies...;)
more...
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nandakumar
11-21 02:30 AM
I also got a letter with same information.
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
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DDD
02-16 08:41 PM
looking good eilsoe.... I wish I had time to join. Wanna give myself a modo project.
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mbawa2574
02-15 04:31 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
mmrao2007
07-14 05:15 PM
May be you can submit AC 21 now. Just a wild guess
PHANI_TAVVALA
02-17 06:16 PM
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Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
sent Delta miles information to you.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
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