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Friday, August 5, 2011

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  • eastindia
    01-15 12:07 PM
    Is IV fighting for all of us on this?

    People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?





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  • srkamath
    07-21 09:01 PM
    CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.

    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

    Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

    that's right, vdlrao is spot on (as usual) with the analysis.
    A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
    USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.

    vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
    EB2 In/CH being retrogressed will get the maximum benefits.
    USCIS is definitely capable of processing 12k to 15k per month.
    EB2 will become current for all countries very soon.
    EB3 will then get a lot of spillovers, ensuring rapid movement.





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  • greyhair
    01-13 09:21 PM
    actaccord: I also want to see civilized discussion. But that is not possible with people like PlainSpeak/GCPerm. I know this person. He has always tried to create Eb2/Eb3 divide. The problem is not with language of some of the posts you referred as "uncivilized", the problem is that for every post there are hundreds of people silently reading each posts. Each post influences those silent readers. If unanswered snakes like GCPerm can cause a lot of damage.

    In an open anonymous forum you need to develop a thick skin. Person of every strip and belief can post anything. If you cannot handle this, it is better for you to resign from accessing any or all websites.For a period of time, I felt the same way as you did but it does not work that way. Stop this nonsense of political correctness when snakes like GCPerm spit venom to divide everyone.

    A forum is a combination of all sorts of ideas and expression. You may like some and you may not like some. If you or your friends find it so difficult to stand this expression, then please sit quietly in your home because you cannot join hands with anyone in this real and rough world. How long are we going to " try to gain confidence" of more members? How long? I do not want to gain confidence of anyone anymore. If I was to make a decision, I would say that I don't need those members who cannot stand a little bit of rough reality. I am not going to do anything to "gain confidence" of others. If you want to work then good for you. If you don't want to work on the issue affecting your family, then so be it. You are doing a favor to no one but yourself when you speak with your Congressman. So Good luck and Good bye. But don't preach civility to everyone if you cannot first respond to PlainSpeak. I hate this Eb2/Eb3 fight.




    at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.

    Guys please keep your comments in more civilized way to keep/gain good public image of the forum.

    I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.

    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.

    I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.

    I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.

    There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.

    Lets get more new members and be civilized to gain confident which will gain more strength to the forum.





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  • onemoredesi
    05-19 01:12 PM
    Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
    Also, I have not received my 45 day letter so far.. don't know how long it is going to take..

    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.



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  • kumarc123
    07-25 10:19 AM
    I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.

    Well I agree with you and some other members. Most of these lawyers don't know crap what they are talking about. I have my white lawyer, so far the experience has been good with him, but when I asked about the current dates, he was quiet perplexed.

    The fact is , no one has done calculation like we IV members, also in Ron's post nothing was mentioned about horizontal or vertical movement. All the comments made by this lawyer are more on subjective and speculative lines.

    Ron Gotcher is simply doing a guess work here,

    It's reverse psychology, create a little tension among applicants, and the lawyers will get more clients for answers. Believe it or not, IV has affected a lot lawyers business, as now members here are more educated in filling up different forms themselves. Somehow I feel, even a firm like Murthy law looks up to IV for latest updates.





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  • vdlrao
    07-21 11:13 PM
    Ron gotcher says dates will go back yesteryears:


    "Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."

    He says he got this from DOS.

    What abt this?

    PS: I am just asking not arguing.

    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.



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  • waiting4gc
    02-13 02:12 PM
    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





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  • tikka
    07-03 11:16 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who



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  • mantric
    12-13 12:36 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.





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  • unitednations
    02-13 12:08 PM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    This is how the law works:

    To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.

    many times a company may have already filed a labor for you before you even get into USA.

    There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.

    So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.

    Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.

    I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.



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  • colors
    09-06 04:16 PM
    Immigrstion attorney,

    What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.

    Thanks





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  • caydee
    01-15 09:44 PM
    The topic is USCIS's memo. Why are fellow IVans discussing H1 versus L1 versus outsourcing. For some reason, a few people here think that all issues are caused by either big Indian companies or small desi companies. Some believe that getting rid of the consulting business model will accelerate their PR application. Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us. I still believe that our focus is immigration reform. Macaca is right about "self inflicted wound".

    Hope folks here watch this masterpiece on Youtube and learn from wild buffaloes - YouTube - Battle at Kruger (http://www.youtube.com/watch?v=LU8DDYz68kM)

    Nature will never cease to amaze us.

    Peace!



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  • tonyHK12
    01-13 01:05 PM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true



    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.





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  • JA1HIND
    02-13 11:13 AM
    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.

    Count me in for this law suite action and commit to pay $500 as part of my contribution, please IM me the details and will provide all the details that IV team needs from me...

    Arvind



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  • sidbee
    06-01 02:19 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.


    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • saketh555
    09-15 06:08 PM
    I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
    Can't really guess EB3, not even GOD.



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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.





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  • chanduv23
    06-28 03:46 PM
    Please post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.





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  • lazycis
    12-13 04:35 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.

    What say LogicLife?

    Thanks.

    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".





    old_hat
    05-02 02:19 AM
    By the way which planet are you from...Do you have GC problem there also..?

    did you believe in flowers campaign?





    cagedcactus
    06-21 03:20 PM
    I took upon a couple of new employess in 2004 October and trained them for couple of months as per my job requirement. The company later laid off few guys and substituted two approved labors with these two guys. They got their greencards last year, while I am stuck with a F***ing 2003 PD.
    I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........

    I agree with your post here.....

    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.