We must go to court to enforce visa spill over ....no point waiting

[pcs]

Guys..

I have been watching and participating in this drama for a long time....

We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

This will benefit all EB 2 / EB 3

We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

If your are with me please respond to this thread

We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

[andymajumder]

I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.

[pcs]

Pappu, Aman et all...

Let push it... this is too uch for too long !!!!

Let us have a call on this. This is high time, we do something to mobilize guys for some common cause.

[JalwaeJana]

I agree this is the easiest thing that can be done with out any lobbying effort. Let me know what number to call

[vinzak]

I think is a great idea.

From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.

I would fully support such a measure and be willing to donate time and money for this.

I am sure various immi law associations would be willing to fight for this too.

[k3GC]

IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover

[h1techSlave]

Pushing for such small changes is the right thing to do.

Originally Posted by k3GC

IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover

[vin13]

Originally Posted by pcs

Guys..

I have been watching and participating in this drama for a long time....

We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

This will benefit all EB 2 / EB 3

We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

If your are with me please respond to this thread

We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as “Spill-over” process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(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 shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states 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. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,

[sunty]

vin13,

I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.

I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.

[kumar1]

PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.

[Suva]

Good one...

Originally Posted by kumar1

PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.

[delhikadesi]

You will cure a lot of ppl, atleast I burst in laughter..

Originally Posted by kumar1

PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.

[Positive]

At the minimum legal action will force someone to look into what is going on here. I don't think that AILA is going to partner with us in this initiative.

[thomachan72]

Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......

[vin13]

The conference call was not organized by core. It was just 2 of us who discussed on the donor forum and came up with a draft letter to get clarrification from DOS. I suggest the first step is to get clarrification of the quarterly spillover with DOS regarding their process. Can any of you get an appointment with Charles Oppenheim (Chief of Immigrant Visa Control and Reporting Division at DOS)?

After working several hours and we come up with the draft which was posted earlier on this thread. And for that, someone gives me a Red.....

Originally Posted by sunty

vin13,

I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.

I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.