somegchuh
03-15 08:51 PM
I have been waiting for my GC on purpose. I really wanted it to take 6 years.
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
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tapukakababa
07-18 11:30 AM
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
see my earlier post
We will just have to wait and see till our checks get cashed!
see my earlier post
kaisersose
08-09 03:25 PM
My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
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retrohatao
02-14 10:23 AM
eb3_nepa,
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
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onemorecame
10-05 12:50 PM
My Attorney is going to reply today, let�s hope for good.
Onemorecame
Onemorecame
cloud 9
07-27 09:26 AM
Trust/Reliability and Desi Consulting companies are oxymorons.
About SRG America: Do google search for SRG America. Looks like a fraud company.
About SRG America: Do google search for SRG America. Looks like a fraud company.
more...
Ramu25
04-26 10:52 PM
Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.
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alex99
10-27 03:10 PM
Please participate in this poll.
more...
nixstor
07-03 02:26 PM
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for asactly 365 days and then transfer them back. and Viola! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
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Legal
07-05 12:07 PM
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
more...
desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
more...
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truthinspector
04-08 07:10 AM
I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
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ak27
01-22 11:01 AM
Hello Indirant,
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
more...
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hpandey
06-10 12:46 PM
I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:
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sukhwinderd
02-22 09:22 AM
with StarSun. there are so many people in neighboring states (to DC) who can come during advocacy days, or atleast offer accomodation, hotel pickup drop offs. hardly anything to loose. its pathetic that people will line up for free lunch, but will not do anything to get it, even when there is nothing to loose.
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mirage
02-03 11:28 AM
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
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smuggymba
09-10 12:53 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
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ArunAntonio
04-21 11:02 PM
I was at the meeting / Rally today. There was a decent turn out for the Legal Immigration reformsupporters. The one thing that stuck out when I walked out after the meeting was "NUMBERS MATTER" and this is the first time I saw it first hand. The Supporters of refrom for Undocumented workers were present in VAST numbers when compared to the supporters of Legal Immigration reforms. The other thing I noticed is that Rep. Gutierrez seems to be a grassroots level person who connects with the issues faced by the common man dues to the obsolete immigraiton policies.
However we have some thing from our end to do and that is to:
- Call the lawmakers and ask them to support the STRIVE act
- Keep reminding the lawmakers that our issues need to be addressed
- Make sure our issues get as much attention and coverage as possible
- Make our presence felt
- contribute, so that even though we may not have the numbers, we can make a difference with the $$
- Keep at it.
So my comments to all those who were there today and felt that it was not very productive, Please do not get disheartened, it did make a difference, the congressman saw and noticed that the people backlogged in the Legal Immigration channel are also willing to come out and get their word out. It also showed that we all in the IV community are connected enough to generate a showing agaisnt such small notice, we need to keep doing this, but in much bigger numbers and keep active and get out message out.
- Peace.
However we have some thing from our end to do and that is to:
- Call the lawmakers and ask them to support the STRIVE act
- Keep reminding the lawmakers that our issues need to be addressed
- Make sure our issues get as much attention and coverage as possible
- Make our presence felt
- contribute, so that even though we may not have the numbers, we can make a difference with the $$
- Keep at it.
So my comments to all those who were there today and felt that it was not very productive, Please do not get disheartened, it did make a difference, the congressman saw and noticed that the people backlogged in the Legal Immigration channel are also willing to come out and get their word out. It also showed that we all in the IV community are connected enough to generate a showing agaisnt such small notice, we need to keep doing this, but in much bigger numbers and keep active and get out message out.
- Peace.
Openarms
11-10 04:46 PM
Folks!
Keep sending letters at least we should reach 500.
Keep sending letters at least we should reach 500.
sunty
11-10 11:27 PM
vin13,
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
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