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I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.

Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.

Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.

I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.

Logically CP numbers should be included in USCIS report.
All FB-485 are CP numbers so I am assuming that they do have numbers for CP for EB-485.




Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?

Attorney will contact us as soon as they get letter. They are not going to respond w/o service fee.

Chillax, it's Friday. We'll definitely get it by next week.

I jus send the mail to editor...
I've also send the link to businessweek and Nytimes..where they have written it correctly...


This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B

Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.


Sure . Agree with you and Stand next to you and IV with full of my energy and resources.

thanks for the responses on this thread. Can one of you take the responsibility of contacting everyone and organizing the conference call? In the confrence call everyone can introduce themselves, discuss ideas and action items to work on.

Got my receipt letter from USCIS. The FOIA request has been put on the complex track.

By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..

I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?

I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:

1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.

2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.

3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.

If you are considering MBA please do these things before you decide.

1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.

2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.

MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.

Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.

ACT NOW!!
Come now to DC... GO IV!!!

Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.

When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
--
Mandeep:

Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.

Hope to see you become more active here.

It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.

This is a big fantasy.

EB3 is not going to get current in the next 4-5 years you said.

Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

I say we stop dreaming and do a rally in DC.

I understand what you said, but just to consider the off numbers published by dos

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


EB2 total pending 34325
EB3 total pending 136325


2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013

So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)

U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license

i believe you dont have to put in any recpt # 's just your name...


and also anyone knows the fax #??

Fax number (816) 350-5785

...

Yes - lot of people are making last minute plans - GO IV GO

$25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.

At least the money is put to some use and results are tangible, how about the results in here?

Refer to my posts.


IV core needs to explain!

By law, you are not suppose to make copies of an official US document.



I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.

The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.

PERM
140
485 might have to wait for sometime in the following manner.

EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031


EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....

I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....

WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

IV is working on defeating this amendment. Please stay tuned for further updates.

On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010

Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CERTIFICATION REQUIREMENT.

(a) Short Title.--This section may be cited as the ``Employ America Act''.

(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

(1) the date on which such individual will no longer be authorized to work in the United States; and

(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

What should we do. I am in tell me what I need to do?