yabadaba
02-14 02:31 PM
http://www.ailf.org/lac/lac_lit_030402a.asp
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads
what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads
what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit
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amslonewolf
04-28 07:01 PM
Matthew Ohs website has it.. Check out immigration-law..
h1techSlave
01-19 01:37 PM
You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
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waiting4gc
02-13 02:30 PM
Couldn't agree with you more.
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
more...
ajaypr
06-24 01:24 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
shensh
02-14 10:14 AM
In the past couple of months, EB3-ROW has been getting the same cut-off date as EB-3 CHINA. I don't see any advantage of being EB-3 ROW at all. I think USCIS set up the cut-off date based on estimation on workload, not necessarily fact. Otherwise how could move forward/backward for as long as couple of years in 1 month?
more...
mallu
02-13 02:00 PM
Well, i see only congress can do it. But still, in the EB skill based immigration that law is barbarian. Do companies find the much needed critical talent based on country of birth ?
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rb_248
08-15 09:21 AM
All this seems like racial profiling to me. Albeit, such episodes are coming down after Obama took office......in my opinion.
more...
insbaby
02-13 02:02 AM
I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
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snathan
01-17 10:02 AM
Guys,
We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
more...
priderock
03-27 02:13 PM
Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post.
.........................
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
...............................
........................
It is with such mentaility they are brought up with in their country- Currption and getting things done with money. ........................................... In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
........................whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
..................................
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one.............
:confused:
.........................
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
...............................
........................
It is with such mentaility they are brought up with in their country- Currption and getting things done with money. ........................................... In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
........................whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
..................................
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one.............
:confused:
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like_watching_paint_dry
09-03 05:58 PM
For the Police certificate at the Indian consulate, do they keep the passport for 45 days i.e. until clearance is received. Or do we get the passport back the same day on which we apply and then the certificate is sent later.
Is this something that is required at the I-485 stage?
Is this something that is required at the I-485 stage?
more...
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logiclife
06-26 01:17 PM
Thanks for making me look like an idiot in front of my lawyer and HR, everyone.
Based on RUMORs, I asked my lawyer this question:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?
PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????
Based on RUMORs, I asked my lawyer this question:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?
PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????
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Lasantha
12-14 05:29 PM
Yes, now that does look fair to me.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
more...
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vin13
09-15 12:52 PM
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
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eb3_nepa
10-23 02:08 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
more...
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satishku_2000
06-27 06:03 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
girlfriend Selena Gomez and Justin Bieber
gcisadawg
07-17 12:09 PM
DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.
Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.
to make it simple, here is my understanding
Vertical spill over --> PD precedes EB category and Country of Origin
Horizontal spill over --> EB Category precedes PD and country of origin.
Thanks,
gcisadawg
Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.
to make it simple, here is my understanding
Vertical spill over --> PD precedes EB category and Country of Origin
Horizontal spill over --> EB Category precedes PD and country of origin.
Thanks,
gcisadawg
hairstyles Justin Bieber and Selena Gomez
sk2006
08-17 01:16 AM
"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Legal
07-23 12:50 PM
Legal,
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
LC2002
03-19 09:23 PM
If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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