hebron
07-19 08:08 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
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cbpds
09-09 07:45 PM
Totally agree with you dude, is IV doing anything about this issue?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Dont bark at not donating, will donate if this issue is given serious consideration as well.
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
madooripraveen
11-18 11:09 AM
Done.And passed it on to friends.
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kosars
08-25 02:47 PM
applied July 2nd recieved July 3rd. Entered on 23rd Aug. Got the nos from the back of the checks. Waiting for the Receipts in mail
more...
nitlsu
10-25 12:34 AM
I am sure that IV has a game plan (and I sincerely hope I am not wrong here). As a matter of interest I have been regularly monitoring NumbersUSA and FAIR websites and they have already set out an agenda with a list of action items for their members. This includes passage in the Senate of restrictionist bills like H.R. 6061, H.R. 6094, H.R. 6095 etc. In fact they have notified their constituents that Congress will be holding a lame duck session beginning November 13th and that they should keep up the pressure on their legislators.
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
manishcp
08-26 09:13 AM
LC: Dec 2003, EB-3, INDIA
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
more...
psaxena
09-10 03:58 PM
Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
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gcbikari
04-23 05:06 PM
I understand if the companies want to protect their business. Let�s say that X works at a client place through a vendor. X�s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
more...
vina92
12-10 09:38 PM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
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asdcrajnet
02-01 09:03 AM
I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.
more...
newuser
05-23 08:05 AM
Finished e-mailing to all the senators. Its easy than AILA website if you have google toolbar to fill in the addresses.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
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coopheal
11-18 01:04 AM
Done
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dilipb
07-30 03:28 PM
I applied for EAD on 06/18/2008
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
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dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
more...
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RSM1444
02-10 07:06 PM
Double Post Deleted
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wizpal
09-11 04:35 PM
I have donated in past a few hundred - stopped now. I think major portion of donated money goes to a Lobbying firm and I think it is a mere wash. The fact they couldn't facilitate even a single bill in House or Senate for visa is a testament of their failure. Whatever IV has achieved so far ..like July visa bulletin (Flower compaign, coordination with AILA and congresswoman Joe Lofgren) and admin efforts for 2-year are purely the result of IV core and member active participation. Correct me if I am wrong.
I would start donating again if IV stops spending on a lobbying firm and starts spending on highlighting our plight with American Media.
I would start donating again if IV stops spending on a lobbying firm and starts spending on highlighting our plight with American Media.
more...
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ruby
07-20 11:50 AM
I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).
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maag
05-30 07:28 AM
Will I need passport size photos at the time of landing (like for applying PR or any other form) and if required how many photos are required.
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h1bmajdoor
07-08 05:04 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
vbkris77
07-19 10:49 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
sam2006
07-19 06:58 PM
count me in also ....
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