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  • vin13
    11-10 11:07 PM
    Guys..

    I have been watching and participating in this drama for a long time....

    We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

    This will benefit all EB 2 / EB 3

    We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Seriously guys,
    We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

    There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

    Here is the draft. See if some of you can use it to fight the cause.
    ----------------------------------------------------------------------------------------------
    Dear Mr. Charles Oppenheim,
    First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
    We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
    The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
    Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
    Quarterly Spill-over will benefit administration by:
    1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
    2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
    3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
    4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
    5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
    Quarterly Spill-over will benefit Applicants by:
    1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
    2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
    3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
    As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,





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  • sumansk
    12-20 04:04 PM
    :D;)
    I dont think you need to worry.. for you knwo what I am saying ...:D





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  • conundrum
    11-10 02:05 PM
    Bump





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  • gc_on_demand
    02-09 02:57 PM
    One immigration business shop says that visas are being wasted and that's our proof. We are now ready to list the reasons why visa numbers are being wasted. Not only the visas have been wasted but according to you the reason for wastage are -

    1.) Inefficiency
    2.) Directive from the administration

    But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.

    And reply you will never get.



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  • seahawks
    07-25 01:47 AM
    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.

    I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?





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  • desi3933
    01-30 02:35 PM
    I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?


    Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.

    Read on my post on same thread
    http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14



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  • feedfront
    10-07 12:27 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]





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  • vkrishn
    07-13 09:05 PM
    I called at 5PM PST after looking at USCIS website and had to enter "3" (Which basically says you have a problem with your case) after i enter my receipt number to talk to a rep. Spoke to a Rep and filed a SR. They have given me Aug 12th as the "target date" by which i should get a response. I am ok with an interview as my case is pretty clean and don't see a reason to be denied. As long as i know that the case is being processed i am ok.

    Thanks anyway wait_for_ever_gc.

    To the person who asked me whether i work at Cisco? : No i don't..



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  • gk_2000
    06-10 04:20 PM
    Done..





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  • vavs16
    12-28 07:18 PM
    Hi guys

    If anyone here is enrolling at ONLINE program in U of South Dakota,please let me know

    I am enrolling in there soon - it is accredited :)

    Thanks a ton



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  • needhelp!
    11-14 01:26 PM
    Couple of days back I got the receipt. I'll post the number soon.





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  • abcdefgh
    01-18 12:27 PM
    http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022

    This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.

    Just opinions.

    Thanks



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  • needGCcool
    03-12 09:42 AM
    Priyah Dosto,
    Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.

    Look in the mirror and repeat what you wrote DICK HEAD!





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  • xyz2005
    07-24 11:26 AM
    There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.

    When did he get back the package?
    Does it have a rejection notice in it?

    I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.



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  • sanju
    02-03 05:12 PM
    Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
    I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
    also please suggest on conferencing facilitie..

    Thanks

    Whatever you do, do not ask Senator Cornyn to sponsor anythiong for us this year. He has been our champion in last 2-3 years and he is a great guy. But right now, democratic majority is very pissed off from Senator Cornyn. And anything Senator Cornyn sponsors/cosponsors will never get done in this Congress. Watch the news about Senator Cornyn carefully, and you will know what I am saying. Stay away from him, and if he says he will sponsor anything for us, request him not to, if you want to get anything done.

    And BTW, the folks you are listing have already supported our provisions in the past, other than the incoming Senator Gillibrand. The important thing is to get the support of the Democratic leadership. Without leadership support, it won't anywhere.

    .





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  • logiclife
    12-26 03:46 PM
    I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:

    1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
    appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
    I chose not to travel.

    2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.

    3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.

    4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....

    5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)

    6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....

    I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
    But i would love to have a green card as long as i'm here, life would just be easier...

    I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.

    About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.



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  • rajsand
    09-26 12:22 PM
    Thanked her, appreciated her and also
    requested her to look into our issues and come up with something similar for all of us looking to shroten the route to GC!





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  • DSLStart
    01-09 09:54 AM
    VEry well said.

    We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!





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  • natrajs
    07-06 05:33 PM
    Got approval emails yesterday.

    PD Feb 2004
    EB2 India
    LC Approved 8/10/06
    140 Approved 2/12/07
    485 Filed on 6/27/07 NSC

    Congrats and Best Wishes





    EdenMN
    07-13 09:06 AM
    I think we should not care 'Is Murthy doing for her publicity / money?' as long as it serves our purpose. We should respect people who are trying to help us . and many folks are blaming she is money minded.... but u know what she runs law firm not non-profitable organization.
    In Iv many people are free riders when they can't contribute money to solve their problem why you guys expect Murthy to do charity work ....





    thomachan72
    07-30 11:51 AM
    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
    Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.