maag
05-31 08:16 AM
bombaysardar...
when do you plan to land
no questions were asked me while returning from India i used AP
when do you plan to land
no questions were asked me while returning from India i used AP
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delax
07-27 12:33 AM
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
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royus77
07-06 11:42 PM
Why not in DC... IF we really plan then we can do this in DC.. ? may be next weekend?
DC is the right place to do !!! As some one suggested 100-200 people on a weekday or 1000 on a weekend is good enogh to get media attention
DC is the right place to do !!! As some one suggested 100-200 people on a weekday or 1000 on a weekend is good enogh to get media attention
more...
glus
07-02 09:43 AM
Fed-Ex sent today july 2nd.:)
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
GCStatus
09-15 05:14 PM
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. - James Adams...
Get back guys. Don't waste your time on GC discussion. D what you love most, things will eventually fall in place.
Can i safely assume posting irrelevant/illogical messages in forums is what you "LOVE THE MOST TO DO"
Get back guys. Don't waste your time on GC discussion. D what you love most, things will eventually fall in place.
Can i safely assume posting irrelevant/illogical messages in forums is what you "LOVE THE MOST TO DO"
more...
EB3RESTOFWORLD
09-26 02:03 PM
WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS
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boreal
12-10 12:52 PM
Guys,
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
more...
AR77
02-23 11:59 AM
Just came across this forum for Advocacy days today.
Donated $100
Receipt No: 0508-4391-5011-8443
Organizers, do you know how many people have confirmed attendance? Reason I ask is because I am currently scheduled to be on work-related travel during the advocacy dates - but if you are short on people, I can try to cancel and attend the event.
Please let me know.
Thanks
Donated $100
Receipt No: 0508-4391-5011-8443
Organizers, do you know how many people have confirmed attendance? Reason I ask is because I am currently scheduled to be on work-related travel during the advocacy dates - but if you are short on people, I can try to cancel and attend the event.
Please let me know.
Thanks
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bombaysardar
05-27 11:51 PM
We are in AOS stage and planning to do Canadian Landing next month. Any one here knows if we have to surrender our I-94 when we exit the USA?
Thanks!:)
Thanks!:)
more...
BharatPremi
03-26 07:50 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
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test101
07-10 11:05 AM
what media is covering this ? will you inform us ?
thanks
thanks
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Beemar
09-04 11:10 PM
Got the magic email!! Yoo Hoo!!
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webm
11-21 08:53 AM
Hi Mehul,
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
I pray for you and your family..Hope your 485 thing for your wife gets resolved..
Believe in life!!
more...
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rpulipati
09-27 12:20 PM
I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
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GCOP
08-28 10:54 AM
I received Renewed EAD Card for 2 years, yesterday on 8/27/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
more...
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rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
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desi3933
06-27 12:10 PM
Point1) makes me perplexed - Can there be agreements with open ended time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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justAnotherFile
07-20 11:25 AM
I pledge $100 towards Amans' exp re-imbursement...
Contributtion to IV ($125 to date)
Contributtion to IV ($125 to date)
akhilmahajan
02-10 01:35 PM
Thanks a lot sujijag.
Grand Total - $1094
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $50
Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F
Grand Total - $1094
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $50
Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F
Sheetal_MA
05-01 07:00 PM
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
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