realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
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coloniel60
08-15 03:26 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
Yeah right! We should start a poll to see how many believe this.
Yeah right! We should start a poll to see how many believe this.
rajev_kk
08-10 09:45 AM
I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
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plassey
08-23 12:04 PM
Cry baby!
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
more...
kkt_tkk
07-24 03:18 PM
Hi,
E-filed EAD/AP
EAD E-filed: 06-26-08
FP Notice: NO
Status: No Update
E-filed EAD/AP
EAD E-filed: 06-26-08
FP Notice: NO
Status: No Update
gc_check
10-06 07:47 AM
my case is quite funny.
Applications went to texas service center originally.
From there they were transferred to California where they issued my EAD and AP but transferred the application back to TEXAS.
Oddly enough the only thing that i initially got in the mail was a transfer notice and the ead cards. I didn't get the receipt notice, the AP or a FP notice?????/
Any Idea whether anyone got ead without FP?
Same with my case too. Got receipt notice only for my 485, No RN for EAD/AP and none for my wife. but received the transfer notice from CSC, case transfered to TSC and also received EADs.
Check with your attorney, they might have the receipt notices. In my case, they did have them. Also AP shows as approved, not received it yet and no updates on FP yet. Hopefuly will get soon.
Applications went to texas service center originally.
From there they were transferred to California where they issued my EAD and AP but transferred the application back to TEXAS.
Oddly enough the only thing that i initially got in the mail was a transfer notice and the ead cards. I didn't get the receipt notice, the AP or a FP notice?????/
Any Idea whether anyone got ead without FP?
Same with my case too. Got receipt notice only for my 485, No RN for EAD/AP and none for my wife. but received the transfer notice from CSC, case transfered to TSC and also received EADs.
Check with your attorney, they might have the receipt notices. In my case, they did have them. Also AP shows as approved, not received it yet and no updates on FP yet. Hopefuly will get soon.
more...
yabadaba
05-22 02:58 PM
also when u go into the uscis office...learn some spanish
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
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Michael chertoff
11-25 03:24 PM
Great job Pappu
MC
MC
more...
GCBy3000
06-19 04:21 PM
If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
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smuggymba
05-12 03:29 PM
DREAM Act Re-introduced in the Senate
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
more...
nozerd
12-31 01:32 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
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Libra
01-11 12:33 PM
bump
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mirage
03-11 03:34 PM
I remember seeing Wipro, Satyam & Infosys reply to Durbin/Graasley. They were published in economictimes.
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
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helloh1
01-26 06:19 PM
hey lazycis.... thanks for the pdf. Its very informative and relieving too.
more...
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kevinkris
04-09 01:35 PM
http://i.cmpnet.com/informationweek/1179/H-1B_Approvals_for_initial_benefits_by_employers_FY0 7.xls
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
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abhijitp
07-08 07:50 PM
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
more...
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gc_on_demand
06-05 09:02 AM
~~~.
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Green.Tech
06-19 01:57 PM
Bump.
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spicy_guy
11-04 01:29 PM
For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.
I agree with this 110%. Reps are more conservative. They don't want any non-american in this country. They would just say "GC or what.. Get the hell outta here".
Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.
As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
Another 2 years., and another year after and an year after... come on guys....
I agree with this 110%. Reps are more conservative. They don't want any non-american in this country. They would just say "GC or what.. Get the hell outta here".
Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.
As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
Another 2 years., and another year after and an year after... come on guys....
jonty_11
07-23 11:59 PM
^^^
senthil1
07-08 02:04 PM
Too much visiblity may not be good. Anti immigrants also will do more aggressively. Illegal immigrants also doing rally every year May 1. But they cannot impress congress though they have powerful lobby. Congress is divided based on their area people opinion. When congress changes and more pro immigrant members are there in congress then bills will be passed easily. Now the surprise is no single immigration bill is coming atleast for voting. Then only we can find whether those bills have support or not.
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!