Googler
02-12 01:38 PM
I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
Mods should merge two identical threads. See my post in the other thread:
http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
Mods should merge two identical threads. See my post in the other thread:
http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12
wallpaper Casey Anthony, 25, is charged
gimmeacard
07-28 10:45 PM
Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
OOPS a bitter and exhausted Amwayiter has arrived
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
OOPS a bitter and exhausted Amwayiter has arrived
JA1HIND
02-13 11:27 AM
Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.
But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.
We will stand with whatever our IV core decides but lets give it a serious thought
IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....
Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..
But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.
We will stand with whatever our IV core decides but lets give it a serious thought
IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....
Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..
2011 hair Casey Anthony Case: Where
hiralal
05-29 12:03 AM
if your gc in pending ..don't get tempted to buy a house. here is a good report.
------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
------------
MONDAY, MAY 25, 2009
OTHER VOICES
The Housing Hurricane Will Howl Again
WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices
For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
[ov]
Christoph Hitz for Barron's
We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.
As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.
Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.
ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.
If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.
There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.
Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.
FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.
Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.
Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.
During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)
Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.
more...
Macaca
07-03 09:50 PM
age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
PlainSpeak
01-14 12:41 PM
You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.
You helped others not helping them do nothing.
Whaaaat i will let teh first part go because i am sure even you have no idea what you are talking about
First help yourself by being EB2. Then try EB1.
My friend what is so great about getting EB2. Nothing... What job i do currently is more than what is reuired for a EB2 req job. ANd i am still in EB3 and you know what i am ok with that. So me being EB3 is ok about it but you being EB2 is asking me (or should i say baiting me) to be EB2 and if possible EB1.
Shesssssssssssssssh. Ok sorry i promised nothing bad about EB2 mentality. I will keep my peace
You helped others not helping them do nothing.
Whaaaat i will let teh first part go because i am sure even you have no idea what you are talking about
First help yourself by being EB2. Then try EB1.
My friend what is so great about getting EB2. Nothing... What job i do currently is more than what is reuired for a EB2 req job. ANd i am still in EB3 and you know what i am ok with that. So me being EB3 is ok about it but you being EB2 is asking me (or should i say baiting me) to be EB2 and if possible EB1.
Shesssssssssssssssh. Ok sorry i promised nothing bad about EB2 mentality. I will keep my peace
more...
jonty_11
11-02 10:11 AM
In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
Many fallacies in your list.
You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.
You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.
Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..
BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
Many fallacies in your list.
You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.
You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.
Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..
BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you
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rghangrekar
02-13 10:26 AM
I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
more...
rsharma
10-07 04:40 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
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Jerrome
05-13 10:07 AM
This is an old artical I was able to dig up. These LTTE members have been living in colombo for 15 years. Its hard for the military to pin point terrorist among so many tamils. That's why they asked them to justify their stay in colombo. Its not a pretty situation, if the military doesn't question then the LTTE would have already taken over the capital.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
more...
mantric
12-14 01:46 PM
many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
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spicy_guy
01-24 03:12 PM
I have been a silent reader of Murthy forum, and I have been observing JoeF's posts. He is NOT an anti-immigrant. He is just educating people about the law. That's what I see from his posts. He is knowledgeable enough to answer the questions of the forum readers.
Maybe his posts sound rude for the wounded and needy. But I think he isn't taking anything bad about immigration or prospective immigrants.
Anyways, thats not the topic of this thread and don't mean to detract.
Maybe his posts sound rude for the wounded and needy. But I think he isn't taking anything bad about immigration or prospective immigrants.
Anyways, thats not the topic of this thread and don't mean to detract.
more...
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apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
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extra_mint
09-15 12:26 PM
Totally Agree with your assumptions, there are few more that can be added like
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
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andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
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raysaikat
07-16 09:03 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.
There could of course be a new law and then things might change.
It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.
There could of course be a new law and then things might change.
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morchu
05-29 04:09 PM
Destructive thinking is not helping. Constructive thinking is what we need.
Who gets there "earlier" is not important. Can you get there "faster" is what is important.
Who gets there "earlier" is not important. Can you get there "faster" is what is important.
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GCKaMaara
04-16 10:06 AM
OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?
Sanju has a sarcastic way of telling anything. Just ignore.
Sanju has a sarcastic way of telling anything. Just ignore.
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pointlesswait
09-23 06:08 PM
i cant believe ppl think this is a brilliant idea..
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in
its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.
the new law should decide that... the discussion is open...
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in
its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.
the new law should decide that... the discussion is open...
furiouspride
07-21 03:28 PM
found this :D pretty much sums it up.
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
deba
07-03 05:04 PM
I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
