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Monday, June 20, 2011

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  • McGuffin
    03-06 04:25 PM
    I don't think I'll be able to make this one, I'll give it a shot though.





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  • BharatPremi
    03-17 04:45 PM
    The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?

    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.





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  • reddymjm
    09-10 12:38 PM
    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today’s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.

    where is this 120k EB2I and C coming up from, those who haven't filed 485 yet? So you are expecting another july 2007 making all EB2 Current.





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  • rajuram
    01-25 01:26 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?



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  • vamsi_poondla
    09-26 09:45 AM
    If all of us do it, they will probably add an errata





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  • Jaime
    09-11 07:54 PM
    The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:

    This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!



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  • Bpositive
    02-13 07:31 PM
    More unfriendliness towards legal immigration + H1bs = more outsourcing by firms who can't find talent in US + lesser revenues from education + lesser number of top notch talent coming to the US + lesser number of innovative companies coming to US + less stronger relationships with growth economies

    Bad, bad equation for US. If I were a US citizen who really cared for the long term success of the country, I would be really scared





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  • yabadaba
    09-10 08:38 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments and look forward to welcoming you in the real world as your friends and colleagues.

    However, we wanted to make you aware of a grim reality that you will surely face in the coming months. Immigrant visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have heard rumors, but the truth of the matter is that most likely you will have to face years of waiting for an immigrant visa to be approved. This in turn will restrict your growth within an organization and at the same time prevent you from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even if you are finishing up your MBA from Harvard, it is likely that you will be impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice

    This is the reply I got from a student at my grad alma mater

    Dear XXYY

    This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.

    Regards

    ZZZZ



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  • grinch
    03-15 05:19 PM
    ok made thread, lets do this...

    And are the polls done for this battle?





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  • Deaddocus
    03-15 08:09 AM
    Uhm, 3D Character design for a building?



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  • CSPAvictim
    07-10 05:38 PM
    Note: Administrators/Moderators, please move this post to the appropriate thread, or delete it if this has already been posted elsewhere.

    Source: http://www.murthy.com

    Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07) Posted 2:45pm

    The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the �non-filers� -- people who did not and do not plan to submit an adjustment application for receipt in July but would have done so �but for� the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we�d like to hear from more �other worker� adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well.

    If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to �sign up� with AILF to enjoy those rights.

    Regarding �non-filers� � As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, �but for� the government�s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.

    How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.

    Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.





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  • Guest007
    03-12 02:52 PM
    No one is accusing IV

    All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

    However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

    I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

    I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

    Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


    Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


    There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


    Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


    Thank you

    Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.



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  • sodh
    07-23 03:39 PM
    Do you have any document from CIS? Need some proof to fight.
    Important missing documents,USCIS can reject an application on their discretion, no need for RFE.





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  • chanduv23
    01-30 09:08 PM
    Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.

    Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.

    Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.

    Your case is defferent and you not recieving pay check during summer is not bench.

    Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...



    I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?

    Is it possible to take unpaid leave every year?

    In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.



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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?





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  • imh1b
    11-16 04:25 PM
    To the original poster of this thread: Why don't you go to court first.

    I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.

    Has the lawsuit been filed yet?

    Someone please post updates on the lawsuit.



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  • santb1975
    07-01 09:42 PM
    We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.





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  • kittu1991
    03-17 01:56 PM
    Thanks

    Just commented on it since he has nothing better to do.





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  • gcma08
    06-06 04:28 PM
    We got the "card production ordered" emails today. Here are our dates.

    Labor Approved: 10/10/2006
    I-140 AD: 11/27/2006
    I-485 RD: 07/09/2007
    EAD, AP: Sep/Oct 2007
    RFE: 11/29/2007 Responded: 12/6/2007
    LUD/AD: 6/6/2008 (Card Production Ordered)





    seahawks
    07-25 01:47 AM
    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.

    I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?





    GCAmigo
    01-31 03:27 PM
    What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?

    H1-B without paystub...



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