thesparky007
02-16 08:55 PM
so!!!!!!!
none of them is free???
none of them is free???
wallpaper little boys long hairstyles.
rajuram
03-10 09:04 PM
I agree, when will the right time to recapture visa numbers???
We did not do it in the last government,
we did not do it when the economy was good,
did not do it when they were wanting ways for new people to buy houses,
did not do it in july 2007,
THERE WILL NEVER BE A RIGHT TIME, NEVER
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
We did not do it in the last government,
we did not do it when the economy was good,
did not do it when they were wanting ways for new people to buy houses,
did not do it in july 2007,
THERE WILL NEVER BE A RIGHT TIME, NEVER
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
va_il
12-27 01:53 PM
Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
2011 little boy hairstyle.
eilsoe
03-07 05:32 PM
well I've realized now that I can't get this thing done in time, so here's my not-so-final-but-as-final-as-it-gets images... :)
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
more...
sledge_hammer
07-01 03:42 PM
pappu and logiclife, you said you'll give us an update on the situation, we are waiting.
Thanks!
P.S: I don't mean to ask this question in a bad way!
Thanks!
P.S: I don't mean to ask this question in a bad way!
mariner5555
03-04 05:27 AM
Instead of criticizing the idea, please submit your votes!
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
more...
piyu7444
01-30 09:24 PM
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
2010 Emo Hairstyles: emo oys
hiyer31
01-26 12:00 PM
What happened to all the thesis and discussions? i felt disgusted listening to the state of the union address. i completely am of the opinion that everybody deserves a chance even those who are here illegally. But there is something wrong with a country which wishes to cater to them to favor them who broke the laws then the who indian community which barely breaks laws and is probably the most god fearing and law fearing group of people in this country. We have 0 representation in this nation. Taxation without representation. All the social security and medicare taxes I will never probably get to use it. I wish we could all muster the courage to quit the jobs and leave this country and let every client and employer deal with the fallout. Unfortunately we cant. Since there are 10 others in line behind me who will willing become slaves for the little comfort they get. Life has become very frustrating.
more...
nojoke
10-22 03:07 PM
I mean tax everyone equally. During this tough economy time, consider everyone and not the middle class or upper class or lower class.
Equally- That is tough to define. Equally as a percentage of their income/earnings? Rich don't even have 'income' to pay the income tax. They probably are paying 5 or10% of their earnings, while you and me pay 30+% of our income.
Equally- That is tough to define. Equally as a percentage of their income/earnings? Rich don't even have 'income' to pay the income tax. They probably are paying 5 or10% of their earnings, while you and me pay 30+% of our income.
hair oys short buzz haircut
crystal
07-28 02:02 PM
Yawn ...
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
more...
pbuckeye
09-01 09:07 AM
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
By your logic "University of Ohio" would have better profs than "Ohio State University"?
What you want to see is whether a particular school is the flagship university of that state or not.
You could also just see the school ranking.
Just my 2 cents.
By your logic "University of Ohio" would have better profs than "Ohio State University"?
What you want to see is whether a particular school is the flagship university of that state or not.
You could also just see the school ranking.
Just my 2 cents.
hot Stylish Little Boy Hair Styles
kshitijnt
05-10 11:27 PM
I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.
What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.
What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.
more...
house Long Hair On Little Boys: Oh
amitga
03-11 11:36 PM
Real April fool
tattoo little boys hairstyles picture
kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
more...
pictures Little Boy Mohawk Hairstyle
mantric
02-17 05:07 AM
canuck has a point, although his wording is not the best.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
dresses tips on oy#39;s short hair.
like_watching_paint_dry
04-06 11:10 PM
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
more...
makeup oy hairstyles pics.
pappu
12-25 06:50 PM
If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.
girlfriend little boy#39;s hairstyle
nawlinspoboys
09-28 08:39 AM
Good writeup on your brother's experience in India. My brother went to India (for a visit) after 8 years in USA. What he found was great stuff and real bad stuff going on at the same time. Good stuff includes amazing money and prosperity coming to middle and lower middle class of India(ofcourse the poor are left out of all this and suffer). 10 years back middle and lower middle class kids were suffering and getting a manufacturing or civil job for 1000 Rs (after reference from a company insider). Now they get 30 or 40 thousand to begin with. Thats amazin. Downside is lots of cars, tremendous amount of pollution, congestion and same bureaucracy as before. The infrastucture is getting worse and no relief in sight. Also Indian professionals complain about long hours to support US clients. They have no normal family life. Most people stay in the offices till 10 in the night. So I guess it all depends on what each one of us wants. Returning to India is a good idea if you dont mind all the bad things. If you want to live a easy life stick to USA. Ofcourse you will need to diversify in career in coming years.
DONT EVEN GET ME STARTED ON EU..THEY SUCK A**!!!! TOO LIBERAL (AND RACIST) FOR THEIR OWN DEMISE!!
DONT EVEN GET ME STARTED ON EU..THEY SUCK A**!!!! TOO LIBERAL (AND RACIST) FOR THEIR OWN DEMISE!!
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sundarpn
01-18 11:45 PM
off topic. Since you went to get yout visa stamped, was there any dealy due to the new PIMS verification system?
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
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Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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