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shukla77
05-29 03:32 PM
I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.
Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.
.
Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.
.
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ganguteli
06-04 03:28 PM
The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.
No point trying to get EAD for non AOS filers.
We should rather ask for faster processing of applications, transparency and more accountability.
EAD also has lot of restrictions and our goal should be faster green cards through faster processing and more visa numbers.
No point trying to get EAD for non AOS filers.
We should rather ask for faster processing of applications, transparency and more accountability.
EAD also has lot of restrictions and our goal should be faster green cards through faster processing and more visa numbers.
mbartosik
02-13 10:56 PM
you cannot sue for incompetence, or the courts would be full!
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newuser
07-03 08:13 AM
Here is the link (http://sharebigfile.com/file/190401/sharebigfile-2--com-Reporter-Contacts-Clean-csv.html) for the reporter contacts that was compiled for the last media drive
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GooblyWoobly
07-25 03:52 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.
With all due respect, I beg to differ from Ron (probably for the first time).
Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.
unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
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rajsenthil
05-03 06:46 AM
Here Some Arava became Sherlock Holmes II
Unfortunately its a flop show.. I pity you dude..
If you are not Sinhalese then you must be SAROJA DEVI :D
I could guess this from one of your post :cool:
Unfortunately its a flop show.. I pity you dude..
If you are not Sinhalese then you must be SAROJA DEVI :D
I could guess this from one of your post :cool:
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voldemar
04-28 12:38 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
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indiancitizen77
08-27 11:44 PM
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
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franklin
02-14 04:44 PM
Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
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GCKaMaara
04-16 10:56 AM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
If you took an authentic IQ test, whats your IQ?
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
If you took an authentic IQ test, whats your IQ?
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hiralal
06-17 01:50 PM
what is surprising that one person ..dilipcr ..in this case ..is able to divert the attention of the members.
in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks
in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks
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geve
11-09 09:17 AM
You are right my friend. In fact you explained every thing. Your concerns are valid. However as you said you are overreacting. In other words you are stretching your strengths.
You said 4 of them are your friends. By giving complaint on company i do not know what is the outcome. Can also effect the approved GC candidates.
There is fine line between DHARMAM AND NYAYAM. Personnally i do not think they did wrong. Neither the company nor the candidates. They just used the available system.
We can argue or put our opinion to the law makers. One of my friend who came along with me on the same flight, same day from india throught same company can apply for citizenship next year.
where as me
EB3 -- May 2003
I-140 approved Mar 2006
We are all on same page. Forget about what happened to others. Think what we can do? I am not trying to teach, just trying to coll you down.
You said 4 of them are your friends. By giving complaint on company i do not know what is the outcome. Can also effect the approved GC candidates.
There is fine line between DHARMAM AND NYAYAM. Personnally i do not think they did wrong. Neither the company nor the candidates. They just used the available system.
We can argue or put our opinion to the law makers. One of my friend who came along with me on the same flight, same day from india throught same company can apply for citizenship next year.
where as me
EB3 -- May 2003
I-140 approved Mar 2006
We are all on same page. Forget about what happened to others. Think what we can do? I am not trying to teach, just trying to coll you down.
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vdlrao
07-24 09:12 PM
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to only EB2 India(based on the priority of oldest priority date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is, it touches 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99
See the post that I have posted about EB2 India movement on 06-09-2008.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99
See the post that I have posted about EB2 India movement on 06-09-2008.
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user1205
02-14 11:28 AM
I love that idea but too late now :)
ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)
ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)
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fairman
08-15 04:08 PM
The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.
USCIS software system is quite old !
USCIS software system is quite old !
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kanakabyraju
09-04 07:56 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
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longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
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GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
akred
02-18 07:35 PM
At high levels; I think there should be no quota on employment base.
Glad to see you agree, however I was refuting your justification of a country quota. The point being that the country quota owes its origin to racial considerations and a fixation on protecting levels of European immigration.
I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number.
In the short term the EB quota should be set to accomodate or exempt anyone who has held a work visa for a period of time (3 years?). This can be pitched as a retention issue as US employers should not lose employees in whom they have made a significant investment. There can be variations on this theme such as requiring that such employees make at least 120% of the prevailing wage for the occupation.
Glad to see you agree, however I was refuting your justification of a country quota. The point being that the country quota owes its origin to racial considerations and a fixation on protecting levels of European immigration.
I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number.
In the short term the EB quota should be set to accomodate or exempt anyone who has held a work visa for a period of time (3 years?). This can be pitched as a retention issue as US employers should not lose employees in whom they have made a significant investment. There can be variations on this theme such as requiring that such employees make at least 120% of the prevailing wage for the occupation.
gcvision2010
09-03 10:57 AM
May his soul rest in Peace!