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)
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SunnySurya
08-18 01:10 PM
Not sure what IV core can do here. Can people contact their lawyers to speak to AILA about this...
I think IV core shud take the matter with USCIS or the concerned people.
I think IV core shud take the matter with USCIS or the concerned people.
bigboy007
07-02 10:31 AM
Mine delivered 9:00 AM via Fedex shipped on 6/30
lets see what others have i did it on saturday late evening.
lets see what others have i did it on saturday late evening.
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tonyHK12
02-17 11:05 AM
thanks ub27, gc_on_demand
This is pathetic.
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
This is pathetic.
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
more...
sam2006
11-21 01:23 PM
Lets us all Pray and hope for the best for Mehul
probe
10-03 04:14 PM
how do you track if the money order was cashed?
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
more...
small2006
12-11 02:16 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
I am in the same boat. 485 filed at NSC on July 12, sent to TSC on September 7th. EAD/AP filed on Aug 9 at NSC and they are still in NSC.
I have AP approved and EAD pending. No FP notice yet either. Its been more than 45 days since opening a SR for that for both me and my wife. System sucks. I have been to the local ASC 3 times with no results.
Again I am not sure if the fact that my 485 is in TX and EAD/AP is in NE is cauing all the problems.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
I am in the same boat. 485 filed at NSC on July 12, sent to TSC on September 7th. EAD/AP filed on Aug 9 at NSC and they are still in NSC.
I have AP approved and EAD pending. No FP notice yet either. Its been more than 45 days since opening a SR for that for both me and my wife. System sucks. I have been to the local ASC 3 times with no results.
Again I am not sure if the fact that my 485 is in TX and EAD/AP is in NE is cauing all the problems.
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simple1
05-01 02:02 PM
thanks. IV Core could you please discuss and advice ?
This is an excellent point. I would like to raise this up in next IV conference call.
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
This is an excellent point. I would like to raise this up in next IV conference call.
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
more...
ganguteli
01-30 06:47 PM
This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Please ask masaternyc to take up this cause and march to Washington DC for us. He can do this work along with his crusade on labor subs and get double the number of virgins. :D:D
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Please ask masaternyc to take up this cause and march to Washington DC for us. He can do this work along with his crusade on labor subs and get double the number of virgins. :D:D
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gc28262
07-20 10:29 PM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
I have my reasons to stay here which you will never understand.
I have my reasons to stay here which you will never understand.
more...
kshitijnt
07-09 03:28 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
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sanjay
02-09 02:34 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
more...
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micofrost
11-17 05:07 PM
Done.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
The link was pretty nice and easy!!!
"I-485 Approved : 08/04/2010"
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
The link was pretty nice and easy!!!
"I-485 Approved : 08/04/2010"
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Jun03
06-26 04:22 PM
I was thinking I was all alone until my friend sent me the link to this forum to find out that there are so many others in a situation like me. Employer not filing I485 because of so many stupid excuses. Emails/Voicemails go in vaccum these days.
more...
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test101
07-07 12:59 PM
anybody intrested in MA rally ?
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n2b
08-13 02:04 PM
which center ..am guessing NSC but guys please post the center too
It is NSC
It is NSC
more...
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n_2006
02-26 08:39 AM
Paypal Transaction # 5XF27777C1879882M
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StuckInTheMuck
11-06 01:52 PM
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
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hiralal
05-09 12:22 AM
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
satyakb
02-21 09:38 PM
Contributed $50.00
Transaction ID for this payment is: 1JR0904727135042B
Immigrationvoice.org support is very appreciated.
Transaction ID for this payment is: 1JR0904727135042B
Immigrationvoice.org support is very appreciated.
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