nixstor
07-08 11:24 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
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Life2Live
05-23 10:14 AM
Hi,
Can someone copy paste the email ids of senators. I have limited access to internet at my work place.
Thanks and Regards,
Krish
Updated:
I got the following email Ids so far:
senator_bingaman@bingaman.senate.gov, senator@dorgan.senate.gov, senator_leahy@leahy.senate.gov, senator_lugar@lugar.senate.gov, senator@shelby.senate.gov
Can someone copy paste the email ids of senators. I have limited access to internet at my work place.
Thanks and Regards,
Krish
Updated:
I got the following email Ids so far:
senator_bingaman@bingaman.senate.gov, senator@dorgan.senate.gov, senator_leahy@leahy.senate.gov, senator_lugar@lugar.senate.gov, senator@shelby.senate.gov
gccovet
07-24 09:44 AM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Same here:
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Same here:
Service Center : TSC
File type : Paper Based
Filed : May 29th
No update since then:
EAD Expires 09/08.
Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
GCCovet
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anzerraja
07-20 01:21 AM
Thanks venkygct !!!
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softcrowd
08-12 02:13 PM
Congrats vdixit....Were there any LUDs on your I-485 or any other apps, before the approvals?
dingudi
11-06 02:48 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
more...
nashorn
08-12 03:50 AM
On the same boat. I140 approved at TSC, 485 filed at NSC on 7/2, nothing yet. Can we get a poll here? Thread is so long already.
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reddymjm
06-13 03:46 PM
My friends case was sent to NSC and delivered at NSC on 4th JUN. NSC redirected them to Texas. His checks got cleared today.. They issued receipts on JUN 11th.Good for him.
more...
makemygc
08-01 08:44 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
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pappu
12-10 01:48 PM
Guys,
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
pls email the url of the site you mentioned above
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
pls email the url of the site you mentioned above
more...
eb3_nepa
08-18 02:50 PM
so the best u can reply is by cursing me... hahahaa
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
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sanjeev_2004
10-09 12:26 PM
how about based on salary?
everybody maximize their own utility.
do you include bonus in salary or not? i want to understand more clearly.
everybody maximize their own utility.
do you include bonus in salary or not? i want to understand more clearly.
more...
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desi3933
01-30 05:23 PM
You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
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praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
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insbaby
09-09 06:36 PM
Everyone is expecting EB3-I will be NOV and USCIS sets it as APR-2001.
Long live USCIS.
Long live USCIS.
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tikka
05-23 08:50 AM
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
more...
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gsc999
07-20 02:08 PM
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
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apahilaj
11-25 08:51 PM
Apahilaj,
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
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aroranuj
02-26 08:50 PM
Just made a contribution of $51 to OUR cause. Unique Transaction ID #7EJ0507917662511X
Guys, can we please keep this thread for DONATIONS ONLY...
Thanks.
Guys, can we please keep this thread for DONATIONS ONLY...
Thanks.
amitjoey
05-23 11:39 AM
Hi,
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
Thanks for putting all the websites together.
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
Thanks for putting all the websites together.
sam2006
07-19 09:47 PM
good goin guys
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
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