It is clearly mentioned in the letter that USCIS will still be in surplus going into FY21 without the Furlough
:D
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It is clearly mentioned in the letter that USCIS will still be in surplus going into FY21 without the Furlough
:D
Let us keep aside whether it is Intentional or Unintentional for a moment.Quote:
Originally Posted by alpha0
The senator has quoted the facts with enough data in his letter, now it is the obligation for the receivers to either deny the information or provide the rationale why furlough is still necessary.
God bless you senator! people like you still keep hope alive.
Of course these are deliberate actions designed to stifle immigration. The political appointees of current administration are driving these forces.
Sen. Leahy (D) is being civil and trying to keep the agency apolitical which is the right thing to do.
they will simply say we cannot process dates.. its so much injustice. they can make money... by just moving the dates.... no one will ask..Quote:
Originally Posted by jimmys
Atleast we know nazism is bad on face.. USCIS and their junta.. do things.. hurt immigrants and especially indians...
I think priority will be to process current cases rather than backlogged cases which depends on spillover....
Every year will be a disapointment till country quota is removed. If we rely solely on spillovers for movement, then we will be disappointed again and again. Dont we see that it almost took a decade to clear 2009 and it is still not clear for eb2+3? This year there was a very good chance due to Covid situation but they chose to waste 25k (or may be more) majority of which would have benefitted EB India. As Q said, it is a systematic bias against India.Quote:
Originally Posted by idliman
https://www.breitbart.com/economy/20...-workers-2021/
Still trying to digest this and determine if this is old news or what but it just got published.
Maybe they just realized that their best laid plans to curb legal immigration has not worked as well as they had hoped and hence now trying the scare tactics as law is not on their side. Unemployment among the IT folks is between 3-4% far lower than the national unemployment rate. This is their way of festering doubt and hate by obfuscating the facts.Quote:
Originally Posted by Turbulent_Dragonfly
Unable to digest this b.s :mad:Quote:
Originally Posted by Turbulent_Dragonfly
QUOTE
The economic reality is that India’s population of 1.3 billion is so huge and poor that it produces roughly 20 million new workers each year — including millions who are willing to work in the United States for 30 years at low wages to get green cards. India’s government, U.S. investors, and the Fortune 500’s staffing companies are trying to get many of those workers into the U.S. labor market. UNQUOTE
Wait..a couple of yrs back didn’t the same guys write about us being the highest income earners in the country and how much they hated us buying expensive cars?
Why go back a couple of years back. They could have written about us being high income earners and the very next sentence how we work for low wages and their readers will believe it. I have noticed that logical reasoning is a seldom used skill among conspiracy theory seekers. If they go by average wages by Perms filed per country, India is be consistently ranked among the top 10 countries (Meaning Indian Diaspora usually work in high paying fields.)Quote:
Originally Posted by Justmyself
With this kind of hatred, I would think the movement will be bare minimum that is required by INA in2021. The rest of the regular and spillover GCs will be wasted in 2021, unless there is a strong oversight of USCIS. A change of leadership is required for the full utilization of FB to EB spillover.Quote:
Originally Posted by Turbulent_Dragonfly
The 16K FB spillover numbers from 2019 were not included until Aug in the EB number calculations. So next year if the 100K (as most are predicting) spillover from FB 2020 to EB2010, that information may not be available until Aug and then it may be too late to use or allocated all those in a couple of months. So we will see the dates in EB2 and EB3 India moving at the regular pace only.Quote:
Originally Posted by idliman
If with Eb2 pre-adjudicated cases available from 2012 onwards in the queue and they still could not move the dates in the last three months or so, I see no reason to be optimistic that we will clear 2009 for EB2 and EB3 next year.
Union leader battles to avoid USCIS furloughs
https://www.samessenger.com/essex/ne...fa73aa4e0.html
Quote:
Originally Posted by gs1968
Without even checking, I can assure you it will be written by Neil Munro. Just wait and watch when he follows his old boss who cheated his followers. And yes, I confirm it was written by him.
It just came across on my social media feed and I thought it would be useful to post it. Absolutely no new information and in fact Spec and Q have given us far more details on the calculations and timelines without having to endure the fear mongering in that article. Many people in this thread have already commented on how unrealistic it is to expect that kind of processing power from the USCIS to use up all those numbers. Sen.Leahy whose state has one of the 4 processing centers is obviously working hard to avoid the furloughs but I don't see much support from the other Senators.More focus on the USPS than the USCIS I presume. Unless the funding situation/administrative mindset changes dramatically it is going to be a slow crawl to the end of the year which will include the 1st quarter of FY21.Quote:
Originally Posted by AceMan
Litigation to fully use the 250K is always an option but it is unclear what the standing is to enforce. The law states that the unused FB visas are available for use in the next year's EB quota and that worldwide a minimum of 140K green cards are to issued annually. As long as the USCIS can prove that there is no wilful holding back of visa issuance and they are working to the best of their capacity to meet the 140K goal it is unlikely that the courts will take punitive action.
gs1968, I understand that without an admin change things will crawl to a stop. In case the 46th president is taking oath on 20JAN21, what can be the positive implications for backlogged folks? I assume that CO will remain in the same position. Maybe they he & USCIS will try to process most of the spillover with a supportive admin? Can a repeat of 2012 happen?
If you can mess up the vote and count and USPS, and the fundamentals of the democracy messing up USCIS is not a big deal.Quote:
Originally Posted by idliman
Repeat of 2012? Remember the same supportive admin retracted the filing dates in 2015. So be realistic in your expectations even if there's new a President. If there's a new admin, their priority would be Family Immigration. Employment Immigration may come sometime later (or not at all).Quote:
Originally Posted by idliman
One benefit of the new administration taking oath in Jan 21 is hopefully it will be too late for them to steal our cheese worth 100,000 and give it back to FB. Then they will have 9 months left in the year and if they don't process all that cheese for EB, then you can pin the blame on them. Current administration will be nowhere to be blamed then! :DQuote:
Originally Posted by idliman
House Passes Emergency Bill to Halt Immigration-Agency Cuts
....goes into Senate
https://www.wsj.com/articles/house-p...ts-11598141852
Sorry, this is a paywall site. Cannot read the entire article. Is there any hidden pills in the emergency bill ?Quote:
Originally Posted by usvisas
Here is the section by section summary:
https://cleaver.house.gov/sites/clea...By-Section.pdf
Any Validity to the below story?
https://www.hammondlawgroup.com/blog...nges-imminent/
Sounds quite believable to me. Elections are nearing ... this will be timed for maximum effect.Quote:
Originally Posted by vsivarama
What are the chances, this will withstand a lawsuit?Quote:
Originally Posted by qesehmk
I am not aware any laws being violated here. So my I would say this will withstand any legal challenge. The key provision seems to be that whoever wants H1 labor must sponsor themselves. Thus small staffing companies will be affected (big ones like McKinsey or Tata or Infosys won't be affected).Quote:
Originally Posted by bodhi2000
Quote:
Originally Posted by qesehmk
How about the fact that they are not following the regular rule making process? I.e. they're skipping the comment period?
There will be multiple lawsuits. As I understand it it will impact all major players as well like (TCS, Kforce, Delloite etc.). I think, as I understand it, it's the beneficiary, the petitioner and the third party. Even if my understanding is not accurate it will still affect the big players as they do place a lot of resources at the client site who are not on their pay roll. Plus in the second case, there could be some anti trust lawsuits in the making as well, because it would decimate the small business and encourage consolidation and monopolies. They also would need to justify not having a comment period which they might say was necessary to bring the economy back on track, but the ~3% unemployment rate in IT industries (not sure what the rate is for other fields like core engineering/medical etc.) is way below the national average which is a tough sell. Then there is the do no harm clause which is a standard used in judging these cases. So let's hope the law will prevail.Quote:
Originally Posted by bodhi2000
Rule making sounds like a legislative and/or executive procedural thing. I am 99% sure that by itself has no judicial recourse i.e. can't be challenged in the courts. The only way something can be challenged in the courts is when that something violates constitution / fundamental rights / or existing laws.Quote:
Originally Posted by bodhi2000
Quote:
Originally Posted by qesehmk
There is some information here to check :
Excerpts from "A Guide to the Rulemaking Process - - Prepared by the Office of the Federal Register "
When do the courts get involved in rule making?
Individuals and corporate entities may go into the courts to make a claim that they have been,
or will be, damaged or adversely affected in some manner by a regulation. The reviewing court
can consider whether a rule: is unconstitutional; goes beyond the agency’s legal authority; was
made without following the notice‐and‐comment process required by the Administrative
Procedure Act or other law; or was arbitrary, capricious, or an abuse of discretion. An agency
head can also be sued for failing to act in a timely manner in certain cases.
If a court sets aside (vacates) all or part of a rule, it usually sends the rule back to the agency to
correct the deficiencies. The agency may have to reopen the comment period, publish a new
statement of basis and purpose in the Federal Register to explain and justify its decisions, or restart
the rule making process from the beginning by issuing a new proposed rule.
Public (we) can approach an attorney and file a suit in a federal court .
I distinctly remember what happened the last time we went to court on advise from an immigration lawyer in 2015.Quote:
Originally Posted by FarAwayfromGC
I have received below information from a group message. Looks genuine and hence thought of sharing here.
-------------------------------------
IMPORTANT MESSAGE:
New rule coming into effect in one month which ADDS H1B/L1 TO MANDATORY BIOMETRICS ALONG WITH EVERY DEPENDENTS WHEN APPLYING FOR EXTENSION AND TRANSFER.
The rule proposal is now opened for commenting from stake holders like H-1B/L-1/any visa.
This is applicable to every extension and every transfer and It appears even 1 day old citizen kids are also expected to appear for biometrics.
Please help yourself and help other who are in country on Visa.
ACTION ITEM:
1) Please forward the message to everyone. Let it reach maximum with in the community.
2) Submit comments for the rules. US Law requires USCIS to review each and every comment before rules comes into effect. These comments are used as supporting document during a lawsuit. So, it is super important.
Have your comment on this by clicking “submit a formal comment button” at top right corner. ��
https://www.federalregister.gov/docu...ation-services
Q: What to Enter while entering comments?
A: You can explain your difficulties based in your current H4 biometrics experience and also question the effectiveness and purpose of this action considering hardship caused. Explain it detailed as possible. Consider this! "Your comment statement could be the winning statement against this rule".
I will second this. This is important. Do protest and comment if this hurts you.Quote:
Originally Posted by sudiva
p.s. - I do not think citizen kids will be fingerprinted. That may not consistent with US laws.
I have been out of loop after repeated disappointment in the last couple of bulletins. Today was different. My only q.... is there any inconspicuous threat to the bullish visa bulletin interms of any impending bill/legislation/rule etc.,? Someone please respond and rest this doubt to peace.
Looks like you are worried about the unknown. If you file in good order by end of Oct 31st (assuming your date is current now) you should be okay as I don't see any impending regulation that adversely impact AOS imminently. So put your anxieties to rest and focus on the pprwrk :). Good Luck!Quote:
Originally Posted by redtogreen
I can try and game this out for you as much as I can. The House has passed a CR this week and this is expected to be passed by the Senate next week. The Bill could have been passed this week by the Senate but it is felt that the Democrats objected. Part of it might be due to spite about the Supreme Court nomination and partly to keep vulnerable GOP senators one more week off the campaign trail. The CR runs through December 11. The visa reclamation amendment introduced by Rep.Grace Meng in the COVID relief and DHS appropriations Bills was not included in this CR but the premium processing language was. This would mean that the Visa bulletins through January 2021 are probably safe from any visa transfer back to FBQuote:
Originally Posted by redtogreen
Once we reach early December there a re a couple of scenarios that are possible depending on the results of the election
1. If the Democrats win all three the most likely scenario and that which has been used before is to pass another CR into early February and let the incoming Congress and administration take it up from there. It is possible that the amendment above may be added to that CR if there is a desire to do so. Several people on this forum have suggested that that is unlikely and I agree but if the transferred visas have not been used yet a portion of it can be reapportioned back to FB as those categories are also severely backlogged. If the CR runs through Feb/Mar 2020 then an omnibus appropriations Bill is most likely combining all departments into one. As the Senate never passed any appropriations Bills for this fiscal year and the House did the House Bills are likely to be the basis for the Omnibus. This is where the risk of inclusion of the Grace amendment comes in but by then FY 2021 would have gone far too deep. It is also likely that the environment will generally be more immigrant friendly and there will be aggressive movement of FB categories to make up for lost time reducing any spillover chances for FY22. We have to remember that there will potentially be another 60000 visas available for EB for FY22 for the months of OCT/NOV/DEC of this year as the ban was extended to dec 31
2.If Trump wins and the Senate remains in GOP hands there is a possibility that the ban will be extended resulting in further visas available to EB categories
3.CIR may be a priority and make all of this discussion a moot exercise
Regulatory changes take a while to implement and with no legislation impending I see no immediate risk. Zenzone said it correctly when he mentioned his date movements PROVIDEDthat the visas are optimally used. This would require an increase in processing speed and capacity by 80% over current levels which might be difficult. Also if scenario 1 becomes a reality the USCIS is going to be swamped by the reversal of so many Trump era regulations and flood of applications in other categories. At this time the EB category is the only game in town
Hope this helps
Thanks a lot!! This is exactly what I was trying to understand. So looks like we are fine for now. Latest news in town is abt Democrats coming up with a scaled down version of the Heroes act, will need to keep an eagle eye on that one. Nevertheless if ( the big fat 'IF')some anti- spillover language is included in that bill and passed after Sep 30th, it should not impact FY2021, right?Quote:
Originally Posted by gs1968
Thanks, not the unknown but things can move pretty quickly when it is political. So wanted to understand where we are😊. I filed my AOS in 2012, so am hopeful of becoming current sometime this year if things move as projected in the visa bulletin.Quote:
Originally Posted by Zenzone
There is unlikely to be any COVID relief Bill before the election. Partly because the 2 sides are more than a trillion dollars apart and partly because the democrats will not want to give the GOP and President Trump a victory just before the elections. Any bill if passed by the House is most likely a messaging bill likely to die in the senate. As I mentioned earlier it is not sure what will happen if passed after Sept 30