Tshelar
06-24 12:55 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
wallpaper U.S. actress Julia Roberts (R)
485Question
09-08 11:43 AM
9 years
pointlesswait
03-18 10:58 AM
for tax purposes..there is no H1 ..GC criteria..
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
2011 At 42, Julia Roberts will be a
lazycis
12-01 02:32 PM
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
more...
rockrocky
06-11 11:32 AM
Just remember.. if we are not united, we ain't getting nothing. Lets work on Recapture of wasted numbers. Thats the only inflow we can rely on. We don't have to wait for their charity every month in the name of left over numbers or spill over numbers. We want our legal GCs. We worked hard to earn it. Lets stay united and fight against the system.
glus
07-05 10:39 AM
I sent them letters via certified mail on Tuesday!
J
J
more...
reachtoravi
07-20 12:23 AM
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
2010 Pregnant Julia Roberts and
nixstor
06-10 12:24 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
more...
manderson
12-28 06:31 PM
After some point we need to ask USCIS to update the processing times to reflect this long delay, or take legal action or whatever to expedite this...
hair Julia Roberts Children#39;s Names
kumar1
08-13 05:22 PM
Thank you for this thread. This news has given me fresh energy to start my case one more time under EB-2 category. I just finished filing a long document for my attorney. This news has given me enough strngth to do that. My advise, I do not see any hope in EB3-I category, unless someone makes a change in existing laws. I can't complain about EB-3 either because we could file I-485 during July-07, my wife got EAD and we do not have to go to consulate every time we visit home country. When there is a will there is a way. It is hard to just sit and watch this so called BS or DOS visa bulls.
more...
mirage
04-01 07:11 AM
You are exactly getting down to the problem, we need to ask the government we are paying high fees but where's the service ???
That's exactly the point..USCIS is HEADED by fools...the problem lies within...the heads dont really care if their staff is underpaid and over-worked..but the fact of it is that they just don't have the money nor manpower to get the work done. When USCIS adjudicated all those cases in 2002, it was not of their own volition but because Congress mandated it..6 years later they dont care for the immigrants..u think they'd (policy makers) care 2 hoots for the the USCIS officers...just take a look at the Infopass centers...from my experience I havent seen more than 2 officers helping customers at a time..no money..no manpower
That's exactly the point..USCIS is HEADED by fools...the problem lies within...the heads dont really care if their staff is underpaid and over-worked..but the fact of it is that they just don't have the money nor manpower to get the work done. When USCIS adjudicated all those cases in 2002, it was not of their own volition but because Congress mandated it..6 years later they dont care for the immigrants..u think they'd (policy makers) care 2 hoots for the the USCIS officers...just take a look at the Infopass centers...from my experience I havent seen more than 2 officers helping customers at a time..no money..no manpower
hot Julia Roberts says her husband
tikka
07-18 08:29 PM
Contributed 100$. Thanks, IV!
for your contribution..:)
for your contribution..:)
more...
house Julia Roberts Pays Tribute
sanagani
03-05 10:43 PM
Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...
tattoo NEWS: JULIA ROBERTS REFUSES TO
Edison99
12-02 05:46 PM
Congrats 9years!!!!!!!!!!!!!!!!
Enjoy your freedom and welcome New Year joyfully…
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
Enjoy your freedom and welcome New Year joyfully…
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
more...
pictures Julia Roberts
Macaca
09-11 12:11 PM
Just made contribution of 500$
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
dresses Julia Roberts#39;s character,
chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
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makeup Julia Roberts Has a Nice Long
vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
girlfriend Oscar-winner Roberts made
skv
08-12 04:29 PM
Hi Lonedesi,
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
hairstyles Julia Roberts with husband
bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.
mpadapa
06-11 12:04 PM
This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
gova123
08-02 05:41 PM
Bumping ^^^^^^^^^^^^^^
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