unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
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gbof
09-15 11:06 AM
month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.
thomachan72
05-09 08:59 PM
Please experts on Canada vs US situation help with this.
A person lets say makes 100000 in US. His approx take home (after tax) would be lets say 70000, right? How much would he have to make in canada (Montreal) to keep par or do better than the salary in US. This is to understand the tax structure. Please try to give atleast three scenarios--
Bachelor, married filing joint, married filing joint with dependents. Thanks.
A person lets say makes 100000 in US. His approx take home (after tax) would be lets say 70000, right? How much would he have to make in canada (Montreal) to keep par or do better than the salary in US. This is to understand the tax structure. Please try to give atleast three scenarios--
Bachelor, married filing joint, married filing joint with dependents. Thanks.
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unseenguy
08-16 04:16 AM
To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!
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onemoredesi
05-19 01:12 PM
Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
maximus777
06-05 03:26 PM
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
more...
apb
09-24 02:36 AM
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
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amoljak
10-24 10:17 AM
Ok got it thanks Amoljak
So then that is the only way one can SELL you an approved LC?
Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...
So then that is the only way one can SELL you an approved LC?
Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...
more...
santa123
07-17 01:09 AM
Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.
But I wish EB2 becomes current in the near future. Correct me if i am wrong.
But I wish EB2 becomes current in the near future. Correct me if i am wrong.
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arnab221
06-11 04:13 AM
At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.
Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .
Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .
more...
rockstart
09-24 09:11 AM
Has some one cross validated USCIS numbers against IV Tracker data? Till now we always assumed that tracker data was 1% of entire population. This is a good time for some data guru to tell us actually how many people (% wise) are on IV. A break-up by month (PD) might be preferable because I feel older PD people are more active than newer ones.
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Milind123
07-24 07:33 PM
Good luck buddy. Well said.
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Ramba
08-17 03:29 PM
OMG. This useless news prompted for more than 10 pages. This clearly shows how Indians are victimized for cinema. This is a clear example to show popularity in cine field and money can do any thing in India. Millions of people suddenly back SRK. No one has bothered for APJ when he was frisked at Indian Soil. Now, millions of peoples, media, and government are backing this SRK, just for 2 hours interrogation that he faced in the airport. No one has bothered about thousands of innocent muslims they undergo similar checks at US airport, everyday. No one has bothered about some Mur�ali� from India has to wait additional 2 years for his name check to be cleared for his 485 approval. No one has bothered about millions of social security money contributed by H1Bs, that�s not ported to India when they returned.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
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actaccord
01-13 08:31 PM
at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.
Guys please keep your comments in more civilized way to keep/gain good public image of the forum.
I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.
I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.
I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.
It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.
I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.
There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.
Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.
Lets get more new members and be civilized to gain confident which will gain more strength to the forum.
Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed – and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
Guys please keep your comments in more civilized way to keep/gain good public image of the forum.
I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.
I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.
I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.
It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.
I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.
There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.
Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.
Lets get more new members and be civilized to gain confident which will gain more strength to the forum.
Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed – and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
more...
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h1techSlave
09-23 03:26 PM
aps, I can see your apprehension.
I already have a house here and am not planning to buy another by putting 20% down payment. But I support this idea, because, it might take away a couple of 100 people from the queue.
Plus, such a letter is indicating to the Congress that we are ready to give the country a helping hand when she needs our help the most.
I hope you would reconsider your position.
IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
I already have a house here and am not planning to buy another by putting 20% down payment. But I support this idea, because, it might take away a couple of 100 people from the queue.
Plus, such a letter is indicating to the Congress that we are ready to give the country a helping hand when she needs our help the most.
I hope you would reconsider your position.
IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
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hopefulgc
02-14 03:38 PM
damn.. lazycis you are good... its a winning precedent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
more...
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pitha
09-24 12:39 PM
EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.
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smari
03-29 05:05 PM
H1-B transfer petition pending. Could I enter Canada for PR and comeback to US with old H1-B (not stamped) and receipt notice for transfer petition. Any suggestions?
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chanduv23
03-16 01:07 PM
Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)
Do verify this with a good lawyer.
Do verify this with a good lawyer.
sk2006
08-15 04:16 PM
Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.
But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.
This is the difference between us and US
Agreed. Makes sense.
But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.
This is the difference between us and US
Agreed. Makes sense.
chanduv23
07-04 08:50 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
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