harsh
02-13 08:42 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
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gcformeornot
01-13 08:55 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
bestia
02-15 01:10 PM
Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
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logiclife
06-28 05:51 PM
Does someone know what date in June they started turning back EB3-Other WOrkers?
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
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tikka
07-03 11:03 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
weasley
07-30 08:29 PM
Gave you green for making me laugh. I am adding step 8.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
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gomirage
06-11 07:24 PM
Congrats, you have arrived. Now, somebody, close the door please !!!
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
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srinivasj
07-27 04:50 PM
I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.
well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...
well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...
more...
vdlrao
07-25 12:35 AM
Ever Since August Bullitien came out Ron has posted not to raise any hopes
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
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snathan
08-16 06:03 PM
Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
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akred
02-15 11:11 PM
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
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gc4me
03-30 09:09 AM
That would be great! :D
Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.
Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.
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h1techSlave
12-13 02:59 PM
The Law makers don't want to colonize America.
They already DID colonize America a few centuries back:)
They already DID colonize America a few centuries back:)
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breddy2000
09-24 06:23 PM
This could be due to simple processing issues :
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
more...
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panini
05-11 04:11 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
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_TrueFacts
09-05 03:23 AM
May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?
Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.
IV core, pls delete this thread, it's disgusting and embarrassing.
mmk123,
Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a fan of YSR. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.
These people who are picking on ChanduV23 as they have nothing else to the fact that YSR is a gunda.
Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.
IV core, pls delete this thread, it's disgusting and embarrassing.
mmk123,
Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a fan of YSR. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.
These people who are picking on ChanduV23 as they have nothing else to the fact that YSR is a gunda.
more...
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h1techSlave
09-23 03:32 PM
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
Actually you are right that such a proposal is not fair. But putting country quota is also not fair, when we are talking about EB GCs. And like you said, BECs were also not fair. So the whole EB thingie is pretty badly messed up. We are suggesting the Congress a way (an unfair way) to get out of this mess.
Actually you are right that such a proposal is not fair. But putting country quota is also not fair, when we are talking about EB GCs. And like you said, BECs were also not fair. So the whole EB thingie is pretty badly messed up. We are suggesting the Congress a way (an unfair way) to get out of this mess.
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okuzmin
07-11 07:48 PM
Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
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greencard_fever
07-16 08:42 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
samay
07-28 04:09 PM
Hello All,
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
YesGC_NoGC
06-26 12:55 PM
Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
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