vinzak
11-10 10:01 PM
I think is a great idea.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
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setpit_gc
04-16 01:19 PM
All,
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
nyte_crawler
04-09 12:13 AM
It is very strange, even if it is true. Was he coming to USA for the first time ? I think if he is into US even with 5 days of I-94, he could probably go to the local USCIS office and furnish evidence for extension I hope.
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andy garcia
09-10 11:58 AM
Many are : they jailed themsleves inside their closets
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
more...
sc3
10-16 01:49 PM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
lazycis
12-20 08:53 PM
Phew! I didn't know that I was out of status for an year. As I dig deep, I came to know how much trouble I am in now. If hope and pray that I wouldn't receive any RFE at the time when IO review my application. I didn't had any problem till now.
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)
more...
GCard_Dream
12-13 10:06 AM
I am all for making contribution as well as sending faxes or personal letters. Count me in.
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
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paskal
03-16 02:01 PM
dont "warn" me..........you think i give a damn about your "warning"??
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
more...
fromnaija
01-19 10:59 AM
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
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gc28262
08-10 03:26 PM
Before proposing a solution, we need to make sure these are valid arguments. We need to crack INA ourselves to make sure were making a valid legal argument.
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
more...
srkamath
07-13 12:34 PM
Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
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pappu
02-18 01:14 AM
Thanks for the conf call.
http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6
http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6
more...
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Hermione
09-26 06:01 PM
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
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nozerd
12-27 02:07 PM
INFO PROVIDED FOR UK IS INCORRECT.
Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.
We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.
We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
more...
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va_labor2002
07-25 08:34 PM
Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.
I am going to contact my attorney about this question.
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.
I am going to contact my attorney about this question.
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imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
more...
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Hinglish
01-08 10:04 PM
May the best man win !
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drirshad
07-01 09:08 AM
AILA attorney message confirmation:
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
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nandakumar
12-27 06:07 PM
There are couple of postings in Murthy.com
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
sukhwinderd
02-17 09:49 PM
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander 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.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander 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.