waitnwatch
08-21 01:00 PM
Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
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CADude
10-12 03:37 PM
Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
rogerdepena
07-18 01:31 PM
can some of you guys pm me Lou Dobbs-related issues? i'm trying to make a blog entirely focus on Lou Dobbs lies. thanks.
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SunnySurya
08-07 02:38 PM
I think, you meant earlier. No I won't because it won't yield anything. Its water under the bridge.
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
EB2 folks with PD 2006 and later and also those in TX center, beware!
He might file a lawsuit against you guys as well for 'skipping' the line.
LOL.
more...
sledge_hammer
07-10 02:13 PM
http://rodeo.cincinnati.com/getlocal/gpstory.aspx?id=100110&sid=115119
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Contributed By Karthik Kumaraguru...
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Contributed By Karthik Kumaraguru...
chanduv23
03-25 02:45 PM
This is a real problem. I got a letter from a prospective employer, who wanted proof that I was legally eligible to work in the US (alongwith transcripts, previous employment letters etc.) prior to scheduling an interview.:cool:
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
I think h1b was considered as an initial filtering criteria where they do not have to deal with complexity. Now as they see more EAD trying to switch jobs, they are trying to apply the same filter. They do not understand that EAD is a valid document on the i 9 form.
So what if they find a lot of GC holders?
" Only Citizens please"
What if they find a lot of Citizens and very few h1b?
"Only h1b please" :)
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
I think h1b was considered as an initial filtering criteria where they do not have to deal with complexity. Now as they see more EAD trying to switch jobs, they are trying to apply the same filter. They do not understand that EAD is a valid document on the i 9 form.
So what if they find a lot of GC holders?
" Only Citizens please"
What if they find a lot of Citizens and very few h1b?
"Only h1b please" :)
more...
drona
07-13 03:19 AM
Posted on Daily News & Analysis
Dollars and scents
Ethnic communities are bringing new cultures to the American political discourse
On July 2, 2007, just weeks after announcing that they were ready to accept employment-based visa applications from hundreds of thousands of legal immigrant professionals, many of whom have been waiting for years, the US Citizenship and Immigration Service (USCIS) did a volte face and announced that their applications would not be entertained till further notice.
Not surprisingly, there were thousands of disappointed professionals. And how did they express frustration at this emotional roller coaster, considering that they had pumped over $250 million into the US economy in application and legal fees, medical expenses and so on? By taking the ideas of Mahatma Gandhi to the doorsteps of the US administration.
continued at...
http://www.dnaindia.com/report.asp?NewsID=1109544
Dollars and scents
Ethnic communities are bringing new cultures to the American political discourse
On July 2, 2007, just weeks after announcing that they were ready to accept employment-based visa applications from hundreds of thousands of legal immigrant professionals, many of whom have been waiting for years, the US Citizenship and Immigration Service (USCIS) did a volte face and announced that their applications would not be entertained till further notice.
Not surprisingly, there were thousands of disappointed professionals. And how did they express frustration at this emotional roller coaster, considering that they had pumped over $250 million into the US economy in application and legal fees, medical expenses and so on? By taking the ideas of Mahatma Gandhi to the doorsteps of the US administration.
continued at...
http://www.dnaindia.com/report.asp?NewsID=1109544
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sri1309
09-14 08:03 PM
Can somebody please send me the addresses for sending regular mail. I have 30 posters almost ready,. I am checking. I have those 6-7 addresses (Zoe, Director, John, department, etc) but I need many more.
I want to do this 1st thing MOnday morning. ..
Thanks,
Sri.
I want to do this 1st thing MOnday morning. ..
Thanks,
Sri.
more...
angelfire76
11-04 10:34 AM
Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.
Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now
Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
This should be a pretty genuine case, which should survive any audit. No worries here.
Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.
Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now
Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
This should be a pretty genuine case, which should survive any audit. No worries here.
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Abhinaym
08-07 11:35 AM
Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.
How come you couldn't file in eb2 in the first place? Not a personal statement, but I'm still trying to understand this matter.
How come you couldn't file in eb2 in the first place? Not a personal statement, but I'm still trying to understand this matter.
more...
chandooo
10-01 11:02 AM
cut to short the message is for myself---we are still waiting for the visa number and for mywife ---case is under review. hope to wait and see????
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webm
03-26 01:23 PM
My wife recently started working using EAD. The HR folks there are well aware of EAD as there are people already working there on EAD. They did not have any issues with EAD. The only thing that they were saying from the begining is that they cannot sponser H1B and also the only thing they asked is whether she work authorization in this country. When she submmited the I9 form, the HR person just remained her to send the copy of EAD everytime she renews it
Karthik
Its the same situation happened for us too..
Karthik
Its the same situation happened for us too..
more...
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factoryman
05-24 06:35 PM
in childhood, then no need for varicella vaccine. You see, it is not very useful / protective and so I guess it is not insisted upon.
Use DD (due diligence).
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
Use DD (due diligence).
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
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Humhongekamyab
08-21 11:18 AM
Along with free india callling you also have the basic feature of calling unlimited in US for 24.99. Which looks pretty good to me. I already have a vonage service for 24.99 and it was a free upgrade to this new plan(after i called the customer service rep) and still i am paying the same 24.99 which is good.
Thanks for the information about your Vonage plan but the question was if it is only limited to 5000 minutes. Lot's of people like me use Trueroots/ Reliance with no home line so I was thinking aloud if it is worth signing up for the service.
Thanks for the information about your Vonage plan but the question was if it is only limited to 5000 minutes. Lot's of people like me use Trueroots/ Reliance with no home line so I was thinking aloud if it is worth signing up for the service.
more...
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prashantc
01-31 07:35 AM
Dear Vamsi, SVK, NK, Shahuja, Abuddyz, and all eligible visa aspirants:
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.:)
I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:
"Thank you for your e-mail.
Our records show that your visa was issued today, January 31. You
should be receiving your passport/visa soon.
Visa Information Unit
American Consulate General
Chennai 600006, India
Telephone: 91 44 2857 4242
Fax: 91 44 2811 2027
Website: http://chennai.usconsulate.gov"
This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.
Moral of the story: "Never use a Consulate in India for visa re-validation again."
Please learn from this story, and never again trust Consulates in India for extension purposes.
God bless you all.:)
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venetian
10-21 03:11 PM
Today my friend, his wife and kid got CPO emails. His PD is Aug 2004, EB2-India.
more...
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krishmunn
03-31 11:50 AM
Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
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h1bmajdoor
01-10 08:12 PM
That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
i am not a guru... but CIS can easily make things more difficult for you than congress intended.
namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.
"same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.
At least now they have some leeway to help you, and you have _some_ chance to move in career.
jeez...
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
i am not a guru... but CIS can easily make things more difficult for you than congress intended.
namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.
"same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.
At least now they have some leeway to help you, and you have _some_ chance to move in career.
jeez...
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bobzibub
06-22 09:03 AM
We are a husband and wife, both filing.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
singhv_1980
01-20 09:32 PM
everyone,
please also post the detail about when was your H1 approved. In which month and year. It might be possible that recently approved H1 is talking more time... just my guess.. if we post about H1 approval time frame then it will help us to decide something about which cases are taking more time..
This is an excellent point. DOS publications claim that PIMS has all the information since 2004. Please mention your approval dates too. There could be a delay pattern pertaining to the approval date.
Anyone with H1B after 2004 has seen any delay???
This forum has provided an incredible amount of information for ignorants like me. Please keep on updating this thread with your experiences and details. Mention your approval dates also.
Thanks
please also post the detail about when was your H1 approved. In which month and year. It might be possible that recently approved H1 is talking more time... just my guess.. if we post about H1 approval time frame then it will help us to decide something about which cases are taking more time..
This is an excellent point. DOS publications claim that PIMS has all the information since 2004. Please mention your approval dates too. There could be a delay pattern pertaining to the approval date.
Anyone with H1B after 2004 has seen any delay???
This forum has provided an incredible amount of information for ignorants like me. Please keep on updating this thread with your experiences and details. Mention your approval dates also.
Thanks
pani_6
08-21 08:47 PM
current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.