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logiclife
01-30 01:07 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
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pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Jaime
09-10 11:54 AM
Hey, I know many of you might still be hesitant to attend the rally, and probably there's a number of reasons. But, whichever the reason, please remember this:
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
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chmur
09-11 12:41 AM
The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
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msp1976
12-13 10:07 AM
Hi
I am Mukund From Edison NJ...
msp1976@yahoo.com
I am Mukund From Edison NJ...
msp1976@yahoo.com
gc_on_demand
03-11 09:25 AM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
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eilsoe
02-23 02:19 PM
well, people seems to have forgotten about this battle...
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moonlight
06-20 12:39 PM
I doubt about illegal of taking color copy of driver license.
If it is why would lawyers ask for it. My lawyer asked for color copy.
If it is why would lawyers ask for it. My lawyer asked for color copy.
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senthil1
02-04 12:58 PM
Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
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nomi
12-12 04:57 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable
http://www.immigration-law.com/
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable
http://www.immigration-law.com/
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gclabor07
10-19 09:31 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
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ramus
07-02 07:42 PM
Thanks..Please ask others to contribute too.
Contributed : 100 couple of hours back
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
Contributed : 100 couple of hours back
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
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qesehmk
02-12 02:29 PM
I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.
It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.
Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.
It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.
Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.
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ashkam
07-28 12:14 PM
What's with all the fundies crawling out of the woodwork?
By the way, dear fundies, if you are so against the First Amendment (freedom of speech), why are you in this country applying for a green card anyways? Because, you know, the First Amendment is kind of a big deal here.
By the way, dear fundies, if you are so against the First Amendment (freedom of speech), why are you in this country applying for a green card anyways? Because, you know, the First Amendment is kind of a big deal here.
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go_gc_way
12-28 12:48 PM
For Detroit you can use http://miindia.com.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
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mariner5555
03-04 05:27 AM
Instead of criticizing the idea, please submit your votes!
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome
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prioritydate
09-20 10:08 AM
These stories are scary
http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4
By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET
ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
ADVERTISEMENT
The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.
The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.
Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.
The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.
Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.
State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.
The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.
Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.
Oh man! that is really scary.
http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4
By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET
ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
ADVERTISEMENT
The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.
The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.
Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.
The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.
Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.
State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.
The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.
Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.
Oh man! that is really scary.
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onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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Jbpvisa
07-12 11:02 PM
We Expect Honesty and Consistency by the Agency Created to Provide �Service�
We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.
There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.
U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies
We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?
Request is that You Step in to �Right this Wrong�
Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:
- Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).
- Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.
- Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.
- Take all necessary measures to avoid any possibility that a similar event could occur in the future.
We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.
Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.
Yours truly,
Sheela Murthy
President and Founder
Murthy Law Firm
Cc: Emilio T. Gonzalez, Esq.
We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.
There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.
U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies
We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?
Request is that You Step in to �Right this Wrong�
Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:
- Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).
- Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.
- Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.
- Take all necessary measures to avoid any possibility that a similar event could occur in the future.
We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.
Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.
Yours truly,
Sheela Murthy
President and Founder
Murthy Law Firm
Cc: Emilio T. Gonzalez, Esq.
bugmenot
06-12 08:37 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
Legal_In_A_Limbo
03-20 09:13 AM
Can any one share with me the AC-21 offer letter + Employer verification format?
I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.
I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.
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