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Wednesday, June 29, 2011

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  • 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.





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  • bombaysardar
    07-17 07:44 PM
    Congrats IV team... you've proved yourself today.
    :) :)
    However this is only the start... we have a lot of things to accomplish once we return from the celebrations :

    - recapture 200K+ unused EB visas
    - abolish per country limits on EB visas
    - Increase EB visa share by 50K (now that DV is gone)
    - 3 yr EADs and APs

    .... Any other bright ideas invited...





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  • ragz4u
    04-20 10:18 AM
    Thanks for sharing this story with us...we truly appreciate it.

    I joined a small company right after graduating from a university in the US with a masters degree. At the time of joining, I was told orally that my GC will be processed in a timely manner. Being naive and timid, I did not press the issue and months became years before the employer agreed to file my labor after work for the company for 5 years (1 year of OPT right after school + 4 years of MS). Although I work in high-tech and would have qualified for RIR, the company lawyer convinced me to apply using the traditional route promising the entire process would take two years. Once again, being naive I agreed. Now, I am on my 8th year with the same company with my labor stuck in BEC, and no relief in sight. I can look forward to years more in the same position and same company! Sadly, though I am highly respected senior member of the company (in terms of knowledge and time with the company), people who joined after me and were trained by me, have gone on to Managerial positions, while I can only sit and watch.

    I do not blame anyone or anything for my predicament, except my naivety. At least, I am glad for sources of information such as immigrationvoice, immigrationportal and immigration-law that have helped me immensely with my education on all matters immigration. Now, I feel I know more than my lawyer and cannot be convinced to take foolish decisions. So, it gladdens my heart to see that we in immigrationvoice seem to be having some impact on the lawmakers as it feels like I finally have control over changing my status quo.





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  • snhn
    12-03 04:03 PM
    Addendum:

    I remember the IO asking my spouse about being a member of a job-related professional association. My spouse used to be a member of such an organization and mentioned so. The IO then remarked that such membership is a requirement for such kind of a job. She then just let it go, however.

    You say that she asked you wife about being a member of some orog. Did the IO already knew that per her own investigation or di you guys mentioned that to her prior to her asking abou it.



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  • anotheroneonqueue
    08-26 08:42 AM
    gimme_GC2006

    Can you please answer the following questions?

    1. What led to this interview? Did they schedule the interview or you took an infopass appointment?

    2. When IO reviewed your case, did they look at your physical I-485 file? Did the service center transfer your case to the USCIS office you went for the interview?

    Wish you luck.





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  • 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 ?



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  • PlainSpeak
    04-15 12:17 PM
    Answers inline

    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





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  • ssa
    09-12 01:05 PM
    I'll send the letters when the final draft is ready. I agree though, the final draft should address difficulties faced by both EB2 as well as EB3 if possible. On the other hand the particular argument made in this letter - against the USCIS ad hoc processing and not honoring PDs - is kinda difficult to make for EB3 cases since EB3-I was "U" at the same time. Unfortunately we do not have actual proof from the recent past where USCIS actually processed EB3 applications out of order which we have in case of EB2 category.

    What are IV core's thoughts on this campaign? I would like to see some comment from IV core on this idea. If it can be made an official IV action item by the core I bet there will much more momentum behind this.



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  • Deepika
    11-11 06:07 PM
    To thunderbolt,

    Being a mother of a 9 month old baby i can understand what is going on in u now. First thing i feel is u have to some how get rid of her. I feel u have done a wrong thing first of hiring her. And how can u justify you paying her in cash. So i feel let her go. But then after she left what you should do is in your local websites and ads put up your review and video on her. And that would help another child being treated the way your baby was.
    Why i feel that will help is, because i was looking for some kind of care for my baby and i did a 3 months complete survey on what is the right to do. So i am sure any mother will do the same thing in your local area and would come across your video and review.





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  • yabadaba
    12-18 08:15 PM
    i contributed too



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  • InTheMoment
    02-26 12:14 PM
    realizeit,

    Good proposal and initiative....but few points you should note that others might also have brought out.

    1.) Pre-adjudication (process I-485, send RFE etc. just short of visa number allocation)
    is already prevalent in USCIS and has been since several years now.
    Just google for "pre-adjudication USCIS" ...but this might just suffice:

    judiciary.house.gov/hearings/pdf/USCIS080430.pdf (judiciary.house.gov/hearings/pdf/USCIS080430.pdf)
    page 2

    How else do you think thousands of visa numbers were assigned and GC's
    issued in June 2007?

    2.) Lawmakers will be throughly opposed to the idea of a pseudo GC as given in your
    proposal, that would be tantamount to diminishing the value of adjusting the status
    and visa allocation as it stands in the INA now.

    3.) That said...I completely agree that as a baby step USCIS should make the pre-adjudication
    transparent to the applicants in the "case status online" to relieve the applicants of
    mental agony.





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  • nixstor
    08-22 10:29 AM
    Guys,

    This was well expected. DOS will move the PD's in such a way that 300 applications will be eligible for adjudication when 100 visa numbers were available. At this point in the fiscal year, they don't care about who gets it and all USCIS wants is max utilization.

    Don't worry about what IO's said on the phone or at Info pass. No one knows what is happening with 485 adjudications in the last two months.

    IMO, DOS should have done a better job with the movement. Jump of Apr 04 to Jun 06 was too much for CIS to handle. Instead of the one month increments in the previous bulletins, DOS should have moved 2 months at a time. Would have made it a little less chaotic. I guess it does not matter.



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  • hope_4_best
    03-09 07:19 PM
    Please see the details below.

    Subscription Payment Sent (Unique Transaction ID #86U889978Y3154013)
    In reference to: S-7LW91387KA323242P





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  • anandbaghel
    07-06 03:15 PM
    Onnline order confirmation number is W00552500723549

    https://ww12.1800flowers.com



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  • Bharam
    03-06 03:05 PM
    Please let me know how to send money for this effort

    Thanks





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  • ksvreg
    09-29 08:28 AM
    Sorry to hear your inlaws trouble. It happens and sometimes concidentally it will be worst. Till today, they was a huge communication gap exists in Air line industry. Need to overhaul. But they ignored it or took it very low priority who knows. Nowadays I prepared to board airlines with a mindset of expected delays and questioning my self what happens if it is a major delay. (be preapred with prepaid cell phones, accommadations, food, medications, rental car etc.,)

    Similary USCIS also need to streamline our case approvals and Visa dates. Need to overhaul the communication gap. World emerged and advanced on Intenet technologies but still big communication or new communications gap exist :(



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  • Appu
    04-12 01:53 PM
    Not limiting ourselves to "professionals"...

    J. M. Coetzee came to the US from South Africa as a student. He got his Ph.D. in (English) literature from the University of Texas, Austin. Worked as a professor in the US for many years.

    His application for green card was treated almost with contempt! It was rejected.

    He left the US, but occassionally visited top English/Literature departments in the US for brief periods, lecturing and collaborating.

    He was awarded the Nobel prize in literature in 2003. He is now settled in Australia.

    I could go on and on and on ...





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  • abhijitp
    11-21 02:35 PM
    More house-keeping:)





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  • jayleno
    02-25 12:44 PM
    Sanju...
    I appreciate your enthusisam to respond to most of the negetive comments and thats a good thing. Try to contain yourself sometimes...otherwise people might just ignore you as another loud mouth.

    ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.


    .





    jonty_11
    03-26 04:09 PM
    Didnt USCIS issue a Memo or something stating only one h1B filing per person?





    sanju
    02-26 09:14 PM
    On a positive note, the best that we can do is, learn from our surroundings. We can learn a lot from Republicans to understand what not to do.

    One of the main reason why Obama enjoys high rating - Republican party sucks. Who is making Republican party look bad - Republicans. The best response to Obama is not to pitch twisted Jindal against Obama, because that just makes Obama look good and it help Democrats. The better response to Obama is, let Obama respond against Obama. So simply don't respond to Obama, which will prevent Republicans making him look good. And like every politician, Obama will commit mistakes, which will cause the demise of Democrats. Its that simple. So what do we learn from this?

    .



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