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shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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alex99
10-28 06:46 PM
Please participate in the Poll
mheggade
07-20 10:24 AM
The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.
DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.
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Abhinaym
09-10 10:50 AM
How many posts are required to access chat feature?
50, it said on the log in screen.
50, it said on the log in screen.
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desi3933
02-11 01:57 PM
You rock dude!
Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
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satysh
07-17 03:59 PM
NumberUSA removed the fax now.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
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nojoke
02-27 08:22 PM
Noway it is normal..
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
"No way. House prices will never go down in California. Certainly not in bay area. Government will do all the magic to stop the crash... Not affordable, doesn't matter. Google stocks will make a lot of rich guys. BTW renting is throwing money away.":D:D:D:rolleyes:
I love the guys making those arguments.
Now it is India's turn.
"No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
"No way. House prices will never go down in California. Certainly not in bay area. Government will do all the magic to stop the crash... Not affordable, doesn't matter. Google stocks will make a lot of rich guys. BTW renting is throwing money away.":D:D:D:rolleyes:
I love the guys making those arguments.
Now it is India's turn.
"No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:
more...
GCanyMinute
08-02 02:42 PM
Hey BumbleBee ! Thanks a lot!!
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
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11-04 11:37 AM
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zuhail
03-10 04:15 PM
The Visa re-capture issue could be taken immediately after the FOIA issue.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
But I guess it would be all up to the IV team to decide the agenda of this organization.
It would be nice to focus all our efforts and time on ONE issue only.
When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.
I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)
Poll:
To ONLY Re-Capture Un-used visa numbers:
I truthfully would pledge:
i) $100 in 15 days
ii) $200 in 15 days
iii) $500 or more in 15 days.
Any one donation NOT to be less than $100 PLEASE.
I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.
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mantric
02-17 05:07 AM
canuck has a point, although his wording is not the best.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
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greencard_fever
09-05 02:43 PM
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
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Abhinaym
09-10 10:42 AM
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
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senthil1
02-04 12:58 PM
Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
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like_watching_paint_dry
03-16 12:18 AM
I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.
I'm right there with you on labor substitution, but I would not really blame interfilers that much.
Though one thing that I would like to see USCIS do is allow people to port EB3 priority date to EB2 only if they were eligible for EB2 as of that priority date. i.e. If you did not have a Masters or 5 years exp. as of June 2002 and so you filed EB3 and have a June 2002 EB3 PD, you should not be allowed to claim June 2002 EB2 priority date based today based on the experience or masters degree as of today. Allowing that does not sound fair to a say a June 2003 PD EB2 person who was eligible for EB2 as of June 2003 and filed EB2.
I'm right there with you on labor substitution, but I would not really blame interfilers that much.
Though one thing that I would like to see USCIS do is allow people to port EB3 priority date to EB2 only if they were eligible for EB2 as of that priority date. i.e. If you did not have a Masters or 5 years exp. as of June 2002 and so you filed EB3 and have a June 2002 EB3 PD, you should not be allowed to claim June 2002 EB2 priority date based today based on the experience or masters degree as of today. Allowing that does not sound fair to a say a June 2003 PD EB2 person who was eligible for EB2 as of June 2003 and filed EB2.
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guyfromsg
07-16 09:52 PM
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
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rweworld1
07-12 09:07 PM
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
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sumansk
04-04 11:52 AM
Hello Guys..
Here is the summary of the H-1 B reform bill introduced last week in Senate..
God Bless All of 'US' !!
http://durbin.senate.gov/record.cfm?id=271783
Here is the summary of the H-1 B reform bill introduced last week in Senate..
God Bless All of 'US' !!
http://durbin.senate.gov/record.cfm?id=271783
va_dude
05-26 04:32 PM
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
immigrant2007
03-12 10:59 AM
IV has not failed. If the objective has not been met then it is our fault not Pappu's.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
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