raysaikat
07-13 11:23 AM
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
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sundarpn
07-13 12:05 AM
Just curious if this is being endorsed by IV?
NKR
08-06 02:14 PM
Ok, Soni, the person with a heavy Phd head gives me a red, he/she could not argue reasonably in the form and so gives a red in private... so much for her/his phd
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gc28262
09-26 11:42 AM
-DId cir have stem exemption? answer no
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
I think these provisions were included in CIR to get a bipartisan support from republicans. By including such anti-EB provisions in CIR, McCain, Ted Kennedy etc hoped to get some support from ant-immigrant republicans.
Yes they were trying to save illegals at our expense :mad:
With democrats in full control of both senate and house and a democratic president in the office, democrats would come up with a cleaner CIR ( beneficial to both legals and illegals )
Remember president alone cannot do anything. Democrats are pro-immigrants. Maybe they lean a little bit towards FB.
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
I think these provisions were included in CIR to get a bipartisan support from republicans. By including such anti-EB provisions in CIR, McCain, Ted Kennedy etc hoped to get some support from ant-immigrant republicans.
Yes they were trying to save illegals at our expense :mad:
With democrats in full control of both senate and house and a democratic president in the office, democrats would come up with a cleaner CIR ( beneficial to both legals and illegals )
Remember president alone cannot do anything. Democrats are pro-immigrants. Maybe they lean a little bit towards FB.
more...
dixie
07-17 02:46 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.
We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.
We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.
pappu
07-15 06:55 AM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
more...
xyzgc
12-27 12:45 AM
Do you mean to say that the state and the government of Pakistan did this?
Let me give you an example... Was Lebanon directly responsible for rocket attacks on Israel? No. Was Hezbollah responsible? Yes. Wasn't Hezbollah part of the govt of Lebanon and active in Lebanese politics? Yes. Did Lebanese govt disarm Hezbollah? No. Doesn't it make Lebanon responsible? Like abcdgc pointed out, ISI is very much a part of Pakistan.
Let me give you an example... Was Lebanon directly responsible for rocket attacks on Israel? No. Was Hezbollah responsible? Yes. Wasn't Hezbollah part of the govt of Lebanon and active in Lebanese politics? Yes. Did Lebanese govt disarm Hezbollah? No. Doesn't it make Lebanon responsible? Like abcdgc pointed out, ISI is very much a part of Pakistan.
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shanti
08-11 01:59 PM
http://www.h1b.info/lca_job_list.php?name=CNN+AMERICA+INC&company=cnn&city=&state=&year=ALL
Nice to send to Lou :)
Nice to send to Lou :)
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dpp
05-16 12:18 PM
US congress cannot force investors to invest money only in US and get work done only in US.
Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.
I heard sometime back that some states banned Outsourcing of govt work. Is it not correct?
Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.
I heard sometime back that some states banned Outsourcing of govt work. Is it not correct?
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gomirage
06-07 01:05 PM
I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
more...
rimzhim
04-09 12:02 PM
Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)
Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.
You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.
Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)
Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.
You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.
Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.
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Macaca
09-24 04:30 PM
How To Write To Congress (http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php) BY CAREY GREENBERG-BERGER | Consumerist, SEP 23 2007
Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.
Why Personal Letters Beat Form Letters
Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.
So what happens when you send a letter?
Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.
Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.
What Should Your Letter Say?
We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.
Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.
Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.
Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!
Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.
It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.
Send Your Letter To The Right Place
Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.
The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.
For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:
Member Of Congress
c/o Staffer
Office Building/Number
Washington, DC 20515
What Should You Expect In Return?
Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.
Conclusion
Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.
Fifteen minutes is well worth the time to influence a $2 trillion enterprise.
Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.
Why Personal Letters Beat Form Letters
Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.
So what happens when you send a letter?
Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.
Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.
What Should Your Letter Say?
We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.
Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.
Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.
Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!
Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.
It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.
Send Your Letter To The Right Place
Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.
The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.
For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:
Member Of Congress
c/o Staffer
Office Building/Number
Washington, DC 20515
What Should You Expect In Return?
Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.
Conclusion
Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.
Fifteen minutes is well worth the time to influence a $2 trillion enterprise.
more...
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just_wait_for_gc
08-11 02:52 PM
toung is made of BS
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unitednations
07-08 05:31 PM
united nations,
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
more...
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mrajatish
04-08 12:21 PM
Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).
Again, this bill embodies the basic principle that displaces US workers do not want to understand:
"What is good for the economy may not be good for an individual".
And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.
I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.
That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"
- Raj
Again, this bill embodies the basic principle that displaces US workers do not want to understand:
"What is good for the economy may not be good for an individual".
And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.
I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.
That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"
- Raj
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BMS
07-10 02:19 PM
After going through this post
I checked my I 94 last entered in 2006 it has different number than other I 94
I am working with only one company since 2004
They wrote company name src number correct on I 94
but number is not same as the one on I 797 bottom totally different
should i get it corrected ? How
I checked my I 94 last entered in 2006 it has different number than other I 94
I am working with only one company since 2004
They wrote company name src number correct on I 94
but number is not same as the one on I 797 bottom totally different
should i get it corrected ? How
more...
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Administrator2
01-08 03:56 PM
I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!
Did you consider banning him?
CreatedToday,
We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.
We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.
Thank you for your participation in the community effort.
Administrator2
Did you consider banning him?
CreatedToday,
We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.
We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.
Thank you for your participation in the community effort.
Administrator2
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sanju
12-26 11:06 PM
In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.
Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.
The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.
The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.
For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.
If the war begins, this will be my last post.
Adios
.
Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.
The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.
The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.
For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.
If the war begins, this will be my last post.
Adios
.
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minimalist
08-05 03:37 PM
I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..
If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.
If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.
xyzgc
12-22 09:35 PM
With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
And you never used the word "gifted". You already provided your reasons for saying whatever you did.
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
And you never used the word "gifted". You already provided your reasons for saying whatever you did.
JEESEE
04-01 03:20 PM
My wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
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