chmur
02-21 10:18 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
wallpaper My cue to draw a lion.
jhegde
04-20 02:10 PM
Attn: California Members � Please participate in this even to support STRIVE ACT.
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
jaocanada
06-10 08:29 PM
Sent.
2011 Emerging Players Have Better Of England Lions Draw
bestia
08-15 04:11 PM
DOS/USCIS learned to do copy and paste :) "01JAN07"
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
more...
pcs
07-05 02:13 PM
They will be happy...
all the best
all the best
pappu
01-18 11:16 AM
We need at least 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
more...
greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
2010 My father draw eyes for the lions. The second day of Chinese new year
alterego
07-15 11:03 AM
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
more...
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.
hair To see more lions in a variety
feedfront
05-18 12:26 PM
It was for medical form:
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
more...
pd052009
03-15 08:18 AM
^^^^^
hot How to draw cartoon cats,
Jaani
07-03 01:29 PM
Contributed $100.
Order Details - Jul 3, 2007 10:34 AM PDT
Google Order #222021463879830
Order Details - Jul 3, 2007 10:34 AM PDT
Google Order #222021463879830
more...
house Lion City Cup : The Draw
varshadas
02-18 01:12 PM
Himanshu,
Thank you very much for your appreciation. We are glad to help to get us all out of this mess.
Rajeev, Sanjay, Hemal. Shekhar and Ajay, were you able to get in touch with your local Congressmen, if not, please do so.
Thanks,
Varsha
Thank you very much for your appreciation. We are glad to help to get us all out of this mess.
Rajeev, Sanjay, Hemal. Shekhar and Ajay, were you able to get in touch with your local Congressmen, if not, please do so.
Thanks,
Varsha
tattoo How+to+draw+the+dare+lion
sw33t
01-18 06:30 PM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
more...
pictures How+to+draw+the+dare+lion
drirshad
07-01 09:08 AM
AILA attorney message confirmation:
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
dresses horses or lions had hands,
ras
07-12 11:38 AM
am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.
At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?
Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.
At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?
Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.
more...
makeup Brisbane Lions Draw 2010
slowwin
06-14 09:11 AM
Email sent to both Texas US senators.
girlfriend Lion.jpg
delhiguy
07-09 03:43 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
hairstyles Draw part of lions devil how
piyu7444
02-02 02:21 PM
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
Donation should be on the way today.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
Donation should be on the way today.
ewana
08-22 10:38 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
alex99
04-09 08:16 AM
Please Participate in this...