kondur_007
07-28 02:08 PM
As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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 (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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 (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
wallpaper on the Star Wars planet of
techbuyer77
06-18 06:45 AM
me too
140jibjab
06-23 10:29 AM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)
2011 WELCOME TO A NEW FOUND PLANET
bigboy007
07-02 10:31 AM
Mine delivered 9:00 AM via Fedex shipped on 6/30
lets see what others have i did it on saturday late evening.
lets see what others have i did it on saturday late evening.
more...
dkshitij
11-19 10:21 AM
Could we please change the Advocacy title? When I share the page on facebook, only the word Advocacy shows up. I would rather see this when I link it.
Action Alert
DREAM Act: Help the Legal Immigrants
Get involved, Act Now
Contact Members of Congress to request inclusion of ammendments in the DREAM act for Legal Immigrants.
Also the spelling of amendments is wrong there as you can see above. Thanks!
Action Alert
DREAM Act: Help the Legal Immigrants
Get involved, Act Now
Contact Members of Congress to request inclusion of ammendments in the DREAM act for Legal Immigrants.
Also the spelling of amendments is wrong there as you can see above. Thanks!
bikram_das_in
02-15 09:32 PM
Contributed $50. Paypal transaction #3A099284SR453325N.
I am pledging another $50 which I will contribute 1st week of March.
I am pledging another $50 which I will contribute 1st week of March.
more...
sanjay
08-28 12:22 PM
Received card production ordered email yesterday evening.
RD: 7/02/2008 , Approval: 8/27/2008
RD: 7/02/2008 , Approval: 8/27/2008
2010 Star Wars: The Old
TheOmbudsman
10-26 11:40 AM
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
more...
VMH_GC
07-19 08:20 PM
can you create an excel sheet in google and share it so that it is easy to track the contribution
hair Star Wars Planet Kamino
sodh
07-10 12:49 AM
Michael Moore reported about the poor conditions in which our veterans at Walter Reed hospital are treated in his famous movie Farienhiet 911 and after three years Walter Reed hospital caught the attention of the law makers, they don't treat thier own countrymen with respect and dignity even after serving the Nation honourably what can we expect from them when it took them three years to realise that the conditions are bad in Walter Reed.
more...
gc_kaavaali
08-31 01:52 PM
Congratulations!!!!
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
hot built-in Star Wars planets
heywhat
09-15 02:20 PM
Done.
The columns exist but will be hidden.
It's just hidden but when you do export to csv it shows everything. This is not secure. Please be careful with sharing your phone # on public domains.
The columns exist but will be hidden.
It's just hidden but when you do export to csv it shows everything. This is not secure. Please be careful with sharing your phone # on public domains.
more...
house Star Wars Weather Compares Local Weather Conditions to Star Wars Planets
GCisLottery
10-30 12:00 PM
Typical public forum flaming.
Not much can be done without self control. Oh, the beauty of internet :)
Honorable Senior members:
Why my posts appear with a red dot ? Can I respectfully request the removal of such red dot ? Instead please assign me a green dot like all other members.
Thanks,
The Ombudsman
I'm no senior member, but I would guess your red dot to be a feature of the software running this forum. Depending on the number of posts (50,100 etc), it changes.
Not much can be done without self control. Oh, the beauty of internet :)
Honorable Senior members:
Why my posts appear with a red dot ? Can I respectfully request the removal of such red dot ? Instead please assign me a green dot like all other members.
Thanks,
The Ombudsman
I'm no senior member, but I would guess your red dot to be a feature of the software running this forum. Depending on the number of posts (50,100 etc), it changes.
tattoo Star Wars Galaxies: Rage of
Zeb
07-25 01:47 PM
so were u able to do landing? if yes, then how u did?
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
more...
pictures to Star Wars audiences but
srikondoji
07-05 11:08 AM
I sent it for Friday deliver.
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
dresses destroyed in Star Wars,
english_august
07-11 12:17 PM
If you participated in the flower campaign and if you are in the Broward county area in Florida - please contact Ruth Morris of the Sun Sentinel (http://www.sun-sentinel.com/) asap.
She needs to file a story on this today. Her contact numbers are
305-810-5012
954-802-9530
She needs to file a story on this today. Her contact numbers are
305-810-5012
954-802-9530
more...
makeup eras in Star Wars history.
gcwait2007
02-04 09:05 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
girlfriend Star Wars - Planet Of The
natrajs
09-02 10:19 PM
What are the steps to be taken after receiving GC ?
You have to update your SSN ( Go to your near by SSN office they will guide you)
You have to update your SSN ( Go to your near by SSN office they will guide you)
hairstyles Let#39;s Play Star Wars: KOTOR - Unknown Planet Final Part
nogc12
08-02 10:27 AM
I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.
hmehta
07-20 12:45 AM
I pledge to contribute $100.
venetian
08-26 06:23 PM
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
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