kondur_007
07-28 02:08 PM
As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
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arrarrgee
07-06 04:55 PM
I think even fake flowers would do...given what we all have to go thru...guys send these and save few dollars :p
Those are FAKE flowers!!!
Send real ones!!
Those are FAKE flowers!!!
Send real ones!!
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CADude
08-17 04:34 PM
You are in "Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions." tread.
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
Got it.:D:D:D:D
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
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since1996
03-26 04:29 PM
I say i get it by 2011....if i dont....then i just suck it up and keep waiting...LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL
more...
zeta7
07-21 11:54 PM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
transpass
08-20 08:51 AM
Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
more...
lord_labaku
01-30 03:09 PM
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
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qasleuth
02-12 06:57 PM
d
more...
roseball
04-21 07:08 PM
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
This is heart-breaking.....May god give courage to his family during these difficult times and RIP Mehul....
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
This is heart-breaking.....May god give courage to his family during these difficult times and RIP Mehul....
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tonyHK12
02-18 02:52 PM
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Not that I know of. I haven't seen any media on that, have to check with StarSun.
email IDs are only accesible to admins.
thanks sandy_anand
Not that I know of. I haven't seen any media on that, have to check with StarSun.
email IDs are only accesible to admins.
thanks sandy_anand
more...
pd_may_2007
07-20 07:35 AM
Count me in for $100
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manderson
10-27 02:24 PM
http://shusterman.com/ says that congress may reconvene for just 1 week, in which case there won't be enough time to debate + pass SKILL Bill. They are calling for mobilization of business and medical lobbies in order to pre-emptively prevent this...
These obstacles keep piling on. It's irritating as hell!!!
These obstacles keep piling on. It's irritating as hell!!!
more...
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tonyHK12
02-01 02:38 PM
Donated $100 for the event.
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
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godspeed
07-21 05:47 PM
Received by USCIS on 06/04/08
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
more...
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cgeek4u
09-30 10:01 PM
I also applied on July 19th at NSC and no update yet. Looks like we still need to wait for few more days :-)
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ash0210
03-12 09:23 PM
Yes, I am here for around 12 years with no GC and I won't mind if someone interviews me to cover my story, also will submit my story in 'tell your story' thread.Today, I have signed myself in Ohio chapter to meet like-minded souls...
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
more...
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atmercyofdol
10-08 01:29 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
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tonyHK12
02-24 12:09 PM
thanks mumbai & h1TechSlave, See you at DC.
The newsletter mentioned above was sent out to all members yesterday afternoon. Maybe some have turned off emails from IV, or it went to the spam folder.
The newsletter mentioned above was sent out to all members yesterday afternoon. Maybe some have turned off emails from IV, or it went to the spam folder.
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cchaitu
10-04 05:33 PM
As this is my crucial time of my life, anyone from our IV members please help/Advice
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
Jimi_Hendrix
10-27 02:00 PM
is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.
On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.
On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.
Devils_Advocate
03-07 01:14 PM
You guys can scream, cry, sue, jump, sing, dance whatever, no one is going to touch any country cap legislation or any pro immi legislation till about 2011-12 at least (though i m sure it wont happen then either)
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
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