willwin
09-17 10:24 AM
Guys,
I guess the markup session starts at 10:15 am. Whoever is watching this live, please post the update here in this thread.
Thanks!
I guess the markup session starts at 10:15 am. Whoever is watching this live, please post the update here in this thread.
Thanks!
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overseas
11-18 10:49 AM
I sent #7001 form in second week of October , i emailed CIS Ombudsman3-4 days back . I received this email today....
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
Hi ndialani,
Did you contact ombudsman after this? Is there any progress in your case?
I got similar reply from ombudsman but still there is no progress in my case.
Thanks.
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
Hi ndialani,
Did you contact ombudsman after this? Is there any progress in your case?
I got similar reply from ombudsman but still there is no progress in my case.
Thanks.
cinqsit
12-09 08:34 PM
Congratulations to all!
Dont see this thread active anymore - are most of you approved now?
Any suggestions on what to ask at infopass appointment ?
Thanks
cinqsit
Dont see this thread active anymore - are most of you approved now?
Any suggestions on what to ask at infopass appointment ?
Thanks
cinqsit
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minimalist
03-31 12:53 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
more...
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longq
02-11 07:08 PM
Absolutely not. AC21 only removs the per-country limit in any calendar quarter in which overall applicant demand is less than the total of available numbers. In the present calendar year, the overall demand is defenitely more than the total of available number and AC21 priviledges would not apply.
DOS would clearly violate the 7 percent limit if excess EB2 ROW numbers flow to EB2 china/india. Don't want to get into an argument here, so I will leave it at this. Each person is entitled to his/her interpretation just as DOS has its own. Peace.
I agree with you, if you could able to show the difference between allocation of unused visas pre-AC21 priod and after AC21 period. Lets say 10000 unused visas availbe in EB2. Please tell me how it will be handled if it is in 1999 and 2006. Please read section 202 of INA and post here. I am stopping here. Bye.
DOS would clearly violate the 7 percent limit if excess EB2 ROW numbers flow to EB2 china/india. Don't want to get into an argument here, so I will leave it at this. Each person is entitled to his/her interpretation just as DOS has its own. Peace.
I agree with you, if you could able to show the difference between allocation of unused visas pre-AC21 priod and after AC21 period. Lets say 10000 unused visas availbe in EB2. Please tell me how it will be handled if it is in 1999 and 2006. Please read section 202 of INA and post here. I am stopping here. Bye.
GCard_Dream
01-31 11:29 AM
I haven't read anywhere about what would happen to existing approved labors but since they can no longer be substituted, my understanding is that they can only be used for the original beneficiary. If that person has left the company then that labor is just trash.
This should help because lot of people who have moved to other companies after the labor was approved, those labors will just be useless and taken out of circulation.
If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?
This should help because lot of people who have moved to other companies after the labor was approved, those labors will just be useless and taken out of circulation.
If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?
more...
HopeSprings
07-17 12:47 AM
some sort of recapture is better than none !!! we should try to have some relief for EB but let us not stand in the way of FB ..the reason is simple, unused FB visas overflow in to EB (if I am not mistaken) ...In fact that is one of the reason that EB2 India did not move much this year since they are more efficient with FB visa this year (see the pace at which it is moving this year as opposed to last year) so better to wait and watch.
(my post is in response to h1tech's post on the first page)
Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.
(my post is in response to h1tech's post on the first page)
Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.
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sc3
06-12 02:33 PM
I posted this before, but got nowhere (read: did not get the answer I hoped for), hopefully people with little bit more legalese can answer on this discrepancy.
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
more...
guchi472000
03-13 03:30 PM
Thank you for posting.... But how did you find this link?
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chanduv23
03-20 02:43 PM
Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
more...
canleo98
07-29 10:25 PM
Can anyone please answer this question?
Yes, two paystubs along with nice covering letter and financial analysis from your attorney is enough to prove your company's abilty to pay
Yes, two paystubs along with nice covering letter and financial analysis from your attorney is enough to prove your company's abilty to pay
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vine93
01-05 11:19 AM
Posted my Story too including Buying home and visa recapture.
more...
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chanduv23
03-13 07:45 AM
enjoying life after the GC what else??!!!
answer with complete honesty, if YOU got your green card today, would YOU ever be involved in IV again? except maybe when you want some answers during your naturalization stage?
:)
naive....naive.....
I disagree. It all depends on attitude. IV is an organization "for the members", "By the members". If your attitude is "I will get on IV JUST because I WANT something" and "If I got it, I don't care" and "If I have questions during naturalization stage, I will get back on IV" may not mean that you have a great life or enjoy life after GC. Life after GC is not that rosy as you think. Big companies - hiring is the same for GC/h1b so u will not have preference. If you are independent and want to do something on ur own - it is not easy either - it is more stressful and challenging - this is life my friend, 95% of startups fail and these people are seen nowhere after that. Very few people are successful and that too with a lot of difficulties, hard work and faith. The "enjoy life" after GC is generally not U but your next generation (children) will bear the fruits. they will enjoy all the freedom and comforts until reality hits them in form of career and family life - this is something everyone faces.
A lot of people love to be on IV - say, if someone has answered someone's question on IV and the person is benefitted - thie person is extremely happy for the other person.
A lot of people who are active actually love and are passionate about what they are doing. Lot of people want to do their 2 cents or more - this is what this organization is all about.
Over the past 2 years of my association with IV - I have seen a lot of stones turning soft, a lot of people who never wanted to get in, are now very active and highly motivated.
So it all depends on attitude.
answer with complete honesty, if YOU got your green card today, would YOU ever be involved in IV again? except maybe when you want some answers during your naturalization stage?
:)
naive....naive.....
I disagree. It all depends on attitude. IV is an organization "for the members", "By the members". If your attitude is "I will get on IV JUST because I WANT something" and "If I got it, I don't care" and "If I have questions during naturalization stage, I will get back on IV" may not mean that you have a great life or enjoy life after GC. Life after GC is not that rosy as you think. Big companies - hiring is the same for GC/h1b so u will not have preference. If you are independent and want to do something on ur own - it is not easy either - it is more stressful and challenging - this is life my friend, 95% of startups fail and these people are seen nowhere after that. Very few people are successful and that too with a lot of difficulties, hard work and faith. The "enjoy life" after GC is generally not U but your next generation (children) will bear the fruits. they will enjoy all the freedom and comforts until reality hits them in form of career and family life - this is something everyone faces.
A lot of people love to be on IV - say, if someone has answered someone's question on IV and the person is benefitted - thie person is extremely happy for the other person.
A lot of people who are active actually love and are passionate about what they are doing. Lot of people want to do their 2 cents or more - this is what this organization is all about.
Over the past 2 years of my association with IV - I have seen a lot of stones turning soft, a lot of people who never wanted to get in, are now very active and highly motivated.
So it all depends on attitude.
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trueguy
12-17 02:31 AM
Guys, Plz vote
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BayBoy
07-14 10:11 AM
Good Luck Guys!!!!!!!!!!!http://immigrationvoice.org/forum/images/smilies/smile.gif
:)
:)
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santb1975
12-08 11:27 AM
I will send my story too
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swamy
12-01 08:39 PM
Anyone wh0 has doubts on where big corporations stood on issues like VB fiasco need only look at this:
http://fdbl.com/resources/priorityfaqs.shtml
under Q11 pn chances of reversal, this is what they say "However, the probability of relief is remote and the form of relief is uncertain.
FRAGOMEN and the American Council on International Personnel (ACIP) will continue to work with the government at all levels for some kind of relief, but again the form of any potential relief is uncertain."
Why is the above important? Because it's a window into their mindset. Like any responsible corporate firm they wanted to sound a little empathetic but didn't want to give false hopes by saying a reversal was possible though they probably knew the outrage among potential filers who had been dealt a nasty blow below their belt. But VB disaster was one issue where there was not even the slightest doubt that what had happened was horribly wrong and cruel that even some cold-hearted anti-immigrants were confused for a day or two and didn't know what to say because they didn't want to pile on our heartache. The way CIS works had, like any bureacracy over time become a cold and heartless beast but since they deal mostly with non-citizens who have little rights and feel so unsecure and unwelcome in the first place to ever speak out, they were never going to know how their actions are wreaking havoc on their customers lives. So unless affected people come together and act they are never going to know how bad it sucks to be on this end of the divide. And ofcourse it's not all CIS - they are just an arm of the government carrying out the law. it's going to be next to impossible to do anything without congress stepping in. And while Fragomen is definitely not lying when they say they will work for some relief and probably are given that their partners often show up on congressional hearings, they won't lose sleep over it nor will their passion levels be anywhere near that of those who are directly at the receiving end of this current ugly messi.e iv and it's browsers. That's why it's critical that iv be heard - & not just through flower campaigns. ofcourse bringing together immigrants was always going to be like herding cats but it shouldn't be this hard. give money people!
http://fdbl.com/resources/priorityfaqs.shtml
under Q11 pn chances of reversal, this is what they say "However, the probability of relief is remote and the form of relief is uncertain.
FRAGOMEN and the American Council on International Personnel (ACIP) will continue to work with the government at all levels for some kind of relief, but again the form of any potential relief is uncertain."
Why is the above important? Because it's a window into their mindset. Like any responsible corporate firm they wanted to sound a little empathetic but didn't want to give false hopes by saying a reversal was possible though they probably knew the outrage among potential filers who had been dealt a nasty blow below their belt. But VB disaster was one issue where there was not even the slightest doubt that what had happened was horribly wrong and cruel that even some cold-hearted anti-immigrants were confused for a day or two and didn't know what to say because they didn't want to pile on our heartache. The way CIS works had, like any bureacracy over time become a cold and heartless beast but since they deal mostly with non-citizens who have little rights and feel so unsecure and unwelcome in the first place to ever speak out, they were never going to know how their actions are wreaking havoc on their customers lives. So unless affected people come together and act they are never going to know how bad it sucks to be on this end of the divide. And ofcourse it's not all CIS - they are just an arm of the government carrying out the law. it's going to be next to impossible to do anything without congress stepping in. And while Fragomen is definitely not lying when they say they will work for some relief and probably are given that their partners often show up on congressional hearings, they won't lose sleep over it nor will their passion levels be anywhere near that of those who are directly at the receiving end of this current ugly messi.e iv and it's browsers. That's why it's critical that iv be heard - & not just through flower campaigns. ofcourse bringing together immigrants was always going to be like herding cats but it shouldn't be this hard. give money people!
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logiclife
04-21 10:51 AM
I know out of 3000 members, atleast 2500 would be looking at some forums in this site and posting some messages. WHy dont we show some single, double, triple,... up to 5 stars next to the username based on the contributions.
up to 10$ one star,
up to 50$ 2 stars,
up to 100$ 3 starts,
500 4 stars
more than 500 5 stars,
Atleast this will motivate(I should not say this), but will have some effect and will make those guys to contribute.
I will talk to admin if its possible to rate the users and display the ratings. The only problem here is, its not always possible to connect the user-ids to the contributors. Contributors go to paypal or mail a check, so we know their real names. However, on paypal site they are not required to put their user-ids. The only way to connect them would be to manually match the email addresses on the Immigration voice registration and emails addresses on paypal. However, there is not guarantee that people consistently provide same email to site registration and paypal. On top of that, some contributors are not registered users. Some people visit the site, contribute money but going to paypal or mailing a check, but they are not required to register and many of them dont register.
up to 10$ one star,
up to 50$ 2 stars,
up to 100$ 3 starts,
500 4 stars
more than 500 5 stars,
Atleast this will motivate(I should not say this), but will have some effect and will make those guys to contribute.
I will talk to admin if its possible to rate the users and display the ratings. The only problem here is, its not always possible to connect the user-ids to the contributors. Contributors go to paypal or mail a check, so we know their real names. However, on paypal site they are not required to put their user-ids. The only way to connect them would be to manually match the email addresses on the Immigration voice registration and emails addresses on paypal. However, there is not guarantee that people consistently provide same email to site registration and paypal. On top of that, some contributors are not registered users. Some people visit the site, contribute money but going to paypal or mailing a check, but they are not required to register and many of them dont register.
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chetanjumani
03-13 10:59 PM
There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
vasa
04-07 02:59 PM
Here's My contribution
$100
Receipt ID: 4139-5498-9511-8679
$100
Receipt ID: 4139-5498-9511-8679
h1b_alex
03-29 03:24 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
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