delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
wallpaper Tyler Perry Studios
TeddyKoochu
09-24 08:34 AM
my dear friend come back in reality..... to put it least harshly... �khayali pulav banana band karo� (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
gimme Green!!
07-10 03:17 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1. Sure you can.
2. The more the better!!
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1. Sure you can.
2. The more the better!!
2011 TYLER PERRY STUDIOS | Grand
willwin
07-28 10:23 AM
How did I miss this thread for 2 days!!!
Delax and other EB2 wonderkids here:
Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.
Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.
There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.
It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.
And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!
There is no law without people.
Delax and other EB2 wonderkids here:
Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.
Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.
There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.
It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.
And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!
There is no law without people.
more...
PD_Dec2002
07-08 11:27 AM
i agree.. thats being professional and ethical..
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
looivy
11-18 11:29 AM
Done
more...
n_2006
06-27 10:29 AM
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
2010 Tyler Perry is set to write,
mbawa2574
09-07 12:08 PM
Did ur packet was received by R.Williams ?
more...
dhesha
08-14 08:03 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
hair Boards for Tyler Perry Studios
ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
more...
diptam
09-29 11:46 PM
Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
hot TYLER PERRY STUDIOS UNVEILED
chanduv23
02-17 11:14 AM
thanks ub27, gc_on_demand
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
Because people do not understand. Most people take it for granted - especially these kinds of efforts.
The problem with immigrants is - majority immigrants stick to community and talk to people from their community and do not go beyond that. Most people go to work and come back, they open IV just like facebook etc. only for information or time pass.
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
Because people do not understand. Most people take it for granted - especially these kinds of efforts.
The problem with immigrants is - majority immigrants stick to community and talk to people from their community and do not go beyond that. Most people go to work and come back, they open IV just like facebook etc. only for information or time pass.
more...
house One of my favorite specials is
NKR
10-03 08:35 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?.
Could you tell me your PD, RD, ND and service centre please?..
Could you tell me your PD, RD, ND and service centre please?..
tattoo Lionsgate and Tyler Perry
logiclife
06-22 03:56 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
more...
pictures Reel - Tyler Perry Studios
zoooom
07-20 02:32 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.
So whats the verdict..Do we ask all the members to donate towards the core fund..Anzzeraja what do u say...SAM??
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.
So whats the verdict..Do we ask all the members to donate towards the core fund..Anzzeraja what do u say...SAM??
dresses Cannon also with Tyler Perry
Googler
06-08 04:30 PM
How are you guys seeing these check images? Did you pay for this out of your own pocket?
more...
makeup Tyler Perry#39;s Right-Hand Man
CADude
08-20 04:19 PM
I think by Friday, July 2nd NSC -> TSC filers will start getting check encashed in masses. So please hang for a week.:)
otherwise one more week.:D :D
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
otherwise one more week.:D :D
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
girlfriend Bahamas celebrates at Tyler Perry Studios
grupak
08-05 10:51 AM
These guys are not consistent. I should have gotten a 2 year EAD.
Dunno who to take this up with.
Sorry to hear they gave you 1 yr EAD.
I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.
Dunno who to take this up with.
Sorry to hear they gave you 1 yr EAD.
I don't know why USCIS just don't make their ( and our) life simpler by just issuing 2yr EADs. Deciding how close to current is close enough for 1 yr EAD is extra effort. If its a funding issue, they can give the customer the option for multi-year EAD and extra fee.
hairstyles TYLER PERRY AS ALEX CROSS
EndlessWait
07-20 12:23 PM
making our first campaign(revision of VB) successfull. As you mentioned that we need to continue this fight even if one has recieved there green card. For those who got, need to remember the pain they went through and that of other's who are going through it now! This blackbox of Employment based Green Card process needs to be more fit towards the high-tech century when everything else is.
Once again congratulations! and good luck in your future endeavors
Once again congratulations! and good luck in your future endeavors
sayonara
08-23 07:03 PM
I had a LUD on 07/22 and I am still waiting....
Oops ! Feel for you...
My friend had LUD on 25th...and got all receipts for him and his wife and also got the FP notice ( Ofcourse, NSC 140 )
Oops ! Feel for you...
My friend had LUD on 25th...and got all receipts for him and his wife and also got the FP notice ( Ofcourse, NSC 140 )
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.
No comments:
Post a Comment