redsun
07-17 07:53 PM
Guys, I think we should start another FLOWER campaign for Zoe and the CORE team. What do you think?
Yeah i agree. How about FLOWER campaign for Zoe, and donations to the IV Core?
Yeah i agree. How about FLOWER campaign for Zoe, and donations to the IV Core?
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gc_aspirant_prasad
07-05 09:42 PM
Guys, any reason why we have a whopping 70% of the members not interested in contributing to this idea??
There is nothing illegal or offensive in a humble protest, so why the lack of interest?? Are you worried that you'll be pulled up for a humble protest?
It's not even that expensive to send a bunch of flowers. We have to come together and do something here to implore the USCIS to reform the immigration process. Just lurking around , and not doing anything about this is not going to bring about any reforms to this dysfunctional system.
I would love to know the rationale behind your lack of interest. Appreciate if you can speak up as to why you wouldn't want to join in. Atleast let us know if you have a better idea. Doing nothing and playing the wait-and-see game is probably the worst option.
I am waiting for someone from IV core to endorse the idea.
There is nothing illegal or offensive in a humble protest, so why the lack of interest?? Are you worried that you'll be pulled up for a humble protest?
It's not even that expensive to send a bunch of flowers. We have to come together and do something here to implore the USCIS to reform the immigration process. Just lurking around , and not doing anything about this is not going to bring about any reforms to this dysfunctional system.
I would love to know the rationale behind your lack of interest. Appreciate if you can speak up as to why you wouldn't want to join in. Atleast let us know if you have a better idea. Doing nothing and playing the wait-and-see game is probably the worst option.
I am waiting for someone from IV core to endorse the idea.
sai_dt2000
08-11 02:36 PM
LaserCard Systems : News & Events : Press Releases (http://www.lasercard.com/newsReleases.php?key=50&release=175&yr=2009)
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maco
08-09 09:17 PM
No, I didn't go out of the country for stamping, coz i was under the impression that my visa was Change of Status from L-1 to H-1. Only now, i could find from the immigration lawyer that i don't have a valid I-94. My employer was napping too, all this while.
Dude if u didnt have I94 how did u you work all these days?
u should have got your I94 in chennai if u went for chennai
let me make it clear
as per my under standing if u didnt apply for change of status,then your h1 papers didnt have i94 attached with them when they were first released,they might have asked you to go for chennai for stamping
which u didnt am i right?
make your self clear buddy
Dude if u didnt have I94 how did u you work all these days?
u should have got your I94 in chennai if u went for chennai
let me make it clear
as per my under standing if u didnt apply for change of status,then your h1 papers didnt have i94 attached with them when they were first released,they might have asked you to go for chennai for stamping
which u didnt am i right?
make your self clear buddy
more...
wellwishergc
12-19 02:53 PM
20$ this time! Thanks.
ragz4u
04-29 05:12 PM
Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
the folks?
I am not aware of the forums you are mentioning. Can you point me in that direction?
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
the folks?
I am not aware of the forums you are mentioning. Can you point me in that direction?
more...
qasleuth
12-09 03:36 PM
What is pathetic is your blindness to discern right from wrong.
I certainly expected a better articulated reply than a brilliant one-liner.
Anyways, not sure why you are so hung up on the person being illegal so she deserves what she got line. You may have to step back and look at what the larger trend here is. You and I can be the next target (see slippery slope article below).
Here are the underlying reasons for the outrage apart from the basic indecency of shackling a pregnant woman:
Wonk Room � Sheriff Joe Arpaio Admits Clothing, Speech, And Conduct Help Determine If Someone Is ‘Illegal’ (http://wonkroom.thinkprogress.org/2009/10/08/joe-arpaio-287g/)
Wonk Room � Joe Arpaio: ‘Illegals’ Are ‘All Dirty,’ Should Be ‘Checked’ Like ‘Fruits and Vegetables’ (http://wonkroom.thinkprogress.org/2009/10/09/joe-arpaio-gq-magazine/)
Arpaio Racial Profiling Accusations | Criteria for Determining Illegal Status? (http://www.myfoxphoenix.com/dpp/news/local/phoenix/sheriff_racial_profiling_accusations_10_20_2009)
Immigration -- Arpaio's Abuse Of Power (http://pr.thinkprogress.org/2009/11/pr20091103)
Here is why it is a slippery slope>
New Study Finds Dramatic Problems with 287(g) Immigration Program | ACLU of North Carolina (http://acluofnc.org/?q=new-study-finds-dramatic-problems-287g-immigration-program)
Increase in unsolved crimes >
http://www.goldwaterinstitute.org/Common/Img/052109%20Bolick%20Justice%20Denied.pdf
I certainly expected a better articulated reply than a brilliant one-liner.
Anyways, not sure why you are so hung up on the person being illegal so she deserves what she got line. You may have to step back and look at what the larger trend here is. You and I can be the next target (see slippery slope article below).
Here are the underlying reasons for the outrage apart from the basic indecency of shackling a pregnant woman:
Wonk Room � Sheriff Joe Arpaio Admits Clothing, Speech, And Conduct Help Determine If Someone Is ‘Illegal’ (http://wonkroom.thinkprogress.org/2009/10/08/joe-arpaio-287g/)
Wonk Room � Joe Arpaio: ‘Illegals’ Are ‘All Dirty,’ Should Be ‘Checked’ Like ‘Fruits and Vegetables’ (http://wonkroom.thinkprogress.org/2009/10/09/joe-arpaio-gq-magazine/)
Arpaio Racial Profiling Accusations | Criteria for Determining Illegal Status? (http://www.myfoxphoenix.com/dpp/news/local/phoenix/sheriff_racial_profiling_accusations_10_20_2009)
Immigration -- Arpaio's Abuse Of Power (http://pr.thinkprogress.org/2009/11/pr20091103)
Here is why it is a slippery slope>
New Study Finds Dramatic Problems with 287(g) Immigration Program | ACLU of North Carolina (http://acluofnc.org/?q=new-study-finds-dramatic-problems-287g-immigration-program)
Increase in unsolved crimes >
http://www.goldwaterinstitute.org/Common/Img/052109%20Bolick%20Justice%20Denied.pdf
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senthil1
09-08 02:10 PM
US immigration policy is to get foreign people only when certain skills are not available. There are lot of laws are there to protect US jobs while hiring Foreign persons. And some more may come while increasing immigration. Some times it might not be enforced correctly. It is the mistake of US enforcement agencies and Companies but not the mistake of immigrants. Many immigrants are creating jobs here. Yes you have to complain to authorities if any one violated immigration laws. But there is no use of blaming all the immigrants. There is nothing wrong in increasing immigration with the protection of American jobs. If protection is not enough then you can ask congress to increase more protection of US jobs. But moderate increase of green card is needed. And IV goal will not increase immigration numbers and will not create unemployment in Americans because the persons will stay till getting green card. So it does not make any difference if they increase or not increase GC numbers. But it will make many persons life easier.
I am surprised that I haven�t been banned yet. Since, I am not; I will fight till the end. Now, you fellas must be eagerly waiting for my replies. Though you are not worth my time, but have patience, I am still going to reply to you all one by one, clearing any doubts you might have.
This will be my contribution to protect our way of living ...
Message to the people moderating this forum: You call yourselves an open forum then show some guts, let me present my points. I am going to be posting series of messages and will try to be "Civil". But don't you dare to lock me out
I am surprised that I haven�t been banned yet. Since, I am not; I will fight till the end. Now, you fellas must be eagerly waiting for my replies. Though you are not worth my time, but have patience, I am still going to reply to you all one by one, clearing any doubts you might have.
This will be my contribution to protect our way of living ...
Message to the people moderating this forum: You call yourselves an open forum then show some guts, let me present my points. I am going to be posting series of messages and will try to be "Civil". But don't you dare to lock me out
more...
morchu
05-10 10:00 PM
Didn't this already addressed by law? Substitute labor is a "stopped" deal. Whatever left is the "que" is old mess, which will be cleared out eventually. Is there a better suggestion you have to clean the old mess?
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pappu
12-19 10:10 AM
As per this $20 drive, I tried to contribute thru my Visa Card & it was "repeatedly" prompting card# enter is invalid...I checked/ensured expire date/secure code & info which I entered is correct but repeatedlly it was prompting same message...Anybody from IV can help whats wrong with the web page?
I tried to submit request my request 3 times, does it mean that I have contributed 3 times?
system is working. I sent you a PM
I tried to submit request my request 3 times, does it mean that I have contributed 3 times?
system is working. I sent you a PM
more...
gc_on_demand
03-10 10:10 AM
This is on immigration-law.com
03/10/2009: Understanding Management, Uses, and Availability of Individual Private Records of USCIS Computer Immigration Benefits Information System
The USCIS published this information as part of its compliance with the Privacy Act. Understanding this information is helpful to the immigration stakeholders, immigrants, nonimmigrants, and related parties in handling immigratiopn benefits applications.
Benefits Information System: The DHS is managing the following computer information system relating the immigrant and nonimmigrant processings: SORN: CLAIMS 3, CLAIMS 4, the Redesigned Naturalization Application Casework System (RNACS); the Citizenship and Immigration Services Centralized Oracle Repository (CISCOR), the Interim Case Management System (ICMS), Integrated Voice Response System (IVRS), and the Integrated Card Production System (ICPS).
Purposes and Uses of the Information System: The records and information in the system broadly serves three purposes: (1) Automatic access and retrieval in immiration benefits and naturalization applications processing and adjudication for efficiency and fraud detections. (2) National and homeland security. (3) Information sharing with local, state, and federal law enforcement agencies or other government and private entities within the parameters of the Privacy Act of the country. As for the purpose of achievement of efficiency of immigration benefits processing and adjudications, the system assists in the automated processing of f immigrant and nonimmigrant benefit petitions and applications. Both investigative and administrative records are maintained in this system to permit USCIS to function efficiently. Reports are also generated from the data within the system of records. This system of records notice enables DHS/USCIS to provide automated support to process applications and/or petitions for benefits; determine the status of pending applications and/or petitions for benefits; account for and control the receipt and disposition of any fees and refunds collected; conduct searches pursuant to FOIA and Privacy Act requests; and locate related physical and automated files to support DHS/USCIS responses to inquiries about these records.
Categories Individuals Covered: Persons who have filed (for themselves or on the behalf of others) applications or petitions for immigration benefits (other than asylum and refugee) under the Immigration and Nationality Act, as amended, and/or who have submitted fee payments or received refunds from such applications or petitions; current, former and potential (e.g., fianc[eacute]) family members of applicants/petitioners; persons who complete immigration forms for applicants and petitioners (e.g., attorneys, form preparers); name of applicant's employer; and individuals who seek access to records retained in the Benefits Information System under the Freedom of Information/Privacy Acts (FOIA/PA).
Categories of Records in the System:
Individual's name;
Social Security Number (if applicable);
A-Number (if applicable);
Addresses;
Telephone numbers;
Birth and death information;
Citizenship or nationality;
Immigration status;
Marital and family status;
Personal characteristics (e.g., height and weight);
Records regarding tax payment and financial matters;
Records regarding employment;
Medical records;
Military and Selective Service records;
Records regarding organization membership or affiliation;
Biometric and other information collected to conduct background checks;
DHS issued card serial numbers;
Records regarding criminal history and other background check information; and
Case processing information such as date applications were filed or received by USCIS; application/petition status, location of record, FOIA/PA or other control number when applicable, and fee receipt data.
Record and Information Safeguards: Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable DHS automated system security access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate clearances or permissions. The system maintains a real-time auditing function of individuals who access the system. Additional safeguards may vary by component and program.
It ain't interesting? Don't try to be outsmart over the federal institutions! For additional details, readers may review the USCIS published notice.
can't they join two tables or data to find out that information ? Why they want to hide from us ?
03/10/2009: Understanding Management, Uses, and Availability of Individual Private Records of USCIS Computer Immigration Benefits Information System
The USCIS published this information as part of its compliance with the Privacy Act. Understanding this information is helpful to the immigration stakeholders, immigrants, nonimmigrants, and related parties in handling immigratiopn benefits applications.
Benefits Information System: The DHS is managing the following computer information system relating the immigrant and nonimmigrant processings: SORN: CLAIMS 3, CLAIMS 4, the Redesigned Naturalization Application Casework System (RNACS); the Citizenship and Immigration Services Centralized Oracle Repository (CISCOR), the Interim Case Management System (ICMS), Integrated Voice Response System (IVRS), and the Integrated Card Production System (ICPS).
Purposes and Uses of the Information System: The records and information in the system broadly serves three purposes: (1) Automatic access and retrieval in immiration benefits and naturalization applications processing and adjudication for efficiency and fraud detections. (2) National and homeland security. (3) Information sharing with local, state, and federal law enforcement agencies or other government and private entities within the parameters of the Privacy Act of the country. As for the purpose of achievement of efficiency of immigration benefits processing and adjudications, the system assists in the automated processing of f immigrant and nonimmigrant benefit petitions and applications. Both investigative and administrative records are maintained in this system to permit USCIS to function efficiently. Reports are also generated from the data within the system of records. This system of records notice enables DHS/USCIS to provide automated support to process applications and/or petitions for benefits; determine the status of pending applications and/or petitions for benefits; account for and control the receipt and disposition of any fees and refunds collected; conduct searches pursuant to FOIA and Privacy Act requests; and locate related physical and automated files to support DHS/USCIS responses to inquiries about these records.
Categories Individuals Covered: Persons who have filed (for themselves or on the behalf of others) applications or petitions for immigration benefits (other than asylum and refugee) under the Immigration and Nationality Act, as amended, and/or who have submitted fee payments or received refunds from such applications or petitions; current, former and potential (e.g., fianc[eacute]) family members of applicants/petitioners; persons who complete immigration forms for applicants and petitioners (e.g., attorneys, form preparers); name of applicant's employer; and individuals who seek access to records retained in the Benefits Information System under the Freedom of Information/Privacy Acts (FOIA/PA).
Categories of Records in the System:
Individual's name;
Social Security Number (if applicable);
A-Number (if applicable);
Addresses;
Telephone numbers;
Birth and death information;
Citizenship or nationality;
Immigration status;
Marital and family status;
Personal characteristics (e.g., height and weight);
Records regarding tax payment and financial matters;
Records regarding employment;
Medical records;
Military and Selective Service records;
Records regarding organization membership or affiliation;
Biometric and other information collected to conduct background checks;
DHS issued card serial numbers;
Records regarding criminal history and other background check information; and
Case processing information such as date applications were filed or received by USCIS; application/petition status, location of record, FOIA/PA or other control number when applicable, and fee receipt data.
Record and Information Safeguards: Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable DHS automated system security access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate clearances or permissions. The system maintains a real-time auditing function of individuals who access the system. Additional safeguards may vary by component and program.
It ain't interesting? Don't try to be outsmart over the federal institutions! For additional details, readers may review the USCIS published notice.
can't they join two tables or data to find out that information ? Why they want to hide from us ?
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sam2006
08-14 01:26 PM
kosars,
could you pl tell where was your 140 approved ?
thanks
This is in reply to sam2006 above. I had an LUD on my I140 on 7/28/07 but my application was mailed to TSC directly.
could you pl tell where was your 140 approved ?
thanks
This is in reply to sam2006 above. I had an LUD on my I140 on 7/28/07 but my application was mailed to TSC directly.
more...
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bsbawa10
08-21 06:58 PM
Someone gave me RED dot for my posting/interpretion of memo (as below). I don't care but some level of maturity is expected on public forums:
If at all this 'news' is true -this may be just something so-called internal matter. Best interpretion of this 'news' is: They may have assigned available visa#s to approvable petitions just as they did before 2nd July07 bulletin, where people kept getting approvals well into Oct07.
So, ALL THE BEST to lucky ones who are 'pre-adjudicated'. How else you can explain Sep VB, which is yet to start from 9/1.
Just sent you pm.
If at all this 'news' is true -this may be just something so-called internal matter. Best interpretion of this 'news' is: They may have assigned available visa#s to approvable petitions just as they did before 2nd July07 bulletin, where people kept getting approvals well into Oct07.
So, ALL THE BEST to lucky ones who are 'pre-adjudicated'. How else you can explain Sep VB, which is yet to start from 9/1.
Just sent you pm.
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vine93
08-26 12:16 AM
Unbelieveble...psycho you deserve this.
more...
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VivekAhuja
02-25 11:53 PM
This idea will just put another layer on the GC process. If you are going to make a rule/law to allow this 5 year EAD and new status, why not instead change the LAW to allow higher numbers of yearly GC cards or remove the country based limits.
LC -I140 - I485 -AOS - Do we really want another layer?
LC -I140 - I485 -AOS - Do we really want another layer?
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deecha
07-20 02:25 PM
Thanks deecha for your response , I am sorry that i was unable to frame the question properly.My question is traing period (July 1st 2004 to Aug 30th 2004 = 60 days) without pay on H1B is treated as Out Of Status??? Is this period(July 1st 2004 to Aug 30th 2004 = 60 days) counted towards 180 Days period (to be covered under 2445(K)) or not?
For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country. However, you were already in H1 status and this was a transfer and If you did not get pay stubs for those 60 days, then unfortunately for you, my friend, you were out of status and this period would be counted towards it. There might be other mitigating circumstances you could use to qualify those 60 days as "work" for your employer. You will need to consult a good lawyer and be on good terms with your (ex ?) employer and have his co-operation. If you're in Michigan, I can recommend a good lawyer. PM me.
In my case (see above), I inadvertently left the country in '04, without realizing I may not be allowed back in (I did not even have AP) and I also got lucky on two counts i) My employers petition was approved in just 13 days (non-premium processing) ;and ii) I was able to get a visa stamp in home country without a visa interview (but that scheme was terminated the same month due to other consular concerns).
For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country. However, you were already in H1 status and this was a transfer and If you did not get pay stubs for those 60 days, then unfortunately for you, my friend, you were out of status and this period would be counted towards it. There might be other mitigating circumstances you could use to qualify those 60 days as "work" for your employer. You will need to consult a good lawyer and be on good terms with your (ex ?) employer and have his co-operation. If you're in Michigan, I can recommend a good lawyer. PM me.
In my case (see above), I inadvertently left the country in '04, without realizing I may not be allowed back in (I did not even have AP) and I also got lucky on two counts i) My employers petition was approved in just 13 days (non-premium processing) ;and ii) I was able to get a visa stamp in home country without a visa interview (but that scheme was terminated the same month due to other consular concerns).
more...
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abhijitp
11-16 03:59 PM
Except for those still living in denial, we know that if anyone actually "DID" anything to cause the reversal of July Visa Bulletin... it was Hon. Congresswoman Zoe Lofgren, Ms Gabriela Ptasinska who filed a lawsuit from Chicago, and Immigration Voice!
Now,
1) Calculate the amount of money YOU saved by not having to re-apply for your and your family's AOS under the new fee structure (and who knows after how many years into future?)
2) Look at the amount of money your spouse can now bring home as he/she is eligible to work with their EAD
3) Add the medical examination fees
4) Add money you would spend on photocopies/ courier charges/ driving to your lawyers office to sign the papers
The list is long, and all of it is now part of your "savings" largely due to the efforts of Immigration Voice!
And even after saving so many $$, people think $50 a month is too much to ask for?? And that too, when this is going to help bring you even closer to the one document that you think about everyday?
That sounds like "penny wise pound foolish"!
It's not too late, please sign up for monthly contributions and get active... and help IV to help you see your Green Card sooner than later.
Thanks!
Now,
1) Calculate the amount of money YOU saved by not having to re-apply for your and your family's AOS under the new fee structure (and who knows after how many years into future?)
2) Look at the amount of money your spouse can now bring home as he/she is eligible to work with their EAD
3) Add the medical examination fees
4) Add money you would spend on photocopies/ courier charges/ driving to your lawyers office to sign the papers
The list is long, and all of it is now part of your "savings" largely due to the efforts of Immigration Voice!
And even after saving so many $$, people think $50 a month is too much to ask for?? And that too, when this is going to help bring you even closer to the one document that you think about everyday?
That sounds like "penny wise pound foolish"!
It's not too late, please sign up for monthly contributions and get active... and help IV to help you see your Green Card sooner than later.
Thanks!
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belmontboy
04-15 12:28 PM
Well IV support to this bill does not have my support.
But IV will do what it has to do.
So i cannot wish you all the best because i disagree with the approach
Let us see how things will pan out
we don't have to agree and support everything. IV does what benefits majority of the people (directly or indirectly)
No worries with the luck, If I was lucky, I would have had my GC by now.
BTW, many thanks for a civilized discussion.
But IV will do what it has to do.
So i cannot wish you all the best because i disagree with the approach
Let us see how things will pan out
we don't have to agree and support everything. IV does what benefits majority of the people (directly or indirectly)
No worries with the luck, If I was lucky, I would have had my GC by now.
BTW, many thanks for a civilized discussion.
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njgcmar03
12-19 10:11 AM
Just sent $100 via PayPal.
unitednations
02-04 11:01 PM
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
coopheal
05-11 03:13 PM
Most of you complaining here are the ones who have not ever contributed to IV. You come here to vent out your frustration. That's easy way out. If you really want to do something +ve for yourself, support IV and its efforts instead.
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