Thursday, June 30, 2011

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  • garybanz
    01-14 09:50 AM
    lol, looks like she wants all of it for herself. Wakeup sister...you might be smart but the rest of the people here are not fools.




    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    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.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?





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  • vikki76
    05-11 01:27 AM
    E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
    Lot of couples are there who are both on H1-B visa here, their GC plight is also same





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  • deepakd
    07-11 01:43 PM
    Guys

    On the sameline, I think no one is crazy about anything but material wealth for self.

    Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
    If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............


    Aptly quoted fot this situation ( sorry for hindi language)

    GC ne jalim Kutta banaa diya
    Warna hum bhi the addme izzat ke



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  • snathan
    01-15 05:54 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.

    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?





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  • chanduv23
    06-27 11:36 PM
    Or maybe just present a piece of toasted bread and the locals will consider this as a good 2x2 of a miracle (...photo). Once the "belt" supports him he needs no further support. Path to citizenship will be through a "divine escalator"... ;)

    Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...


    What about Mary Magdelene? The Holy Grail is enough proof for her GC??



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  • andy garcia
    06-27 08:32 AM
    In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.

    I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.

    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).





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  • srkamath
    07-26 11:24 AM
    It appears FB spillover is factored into EB quota in Sep bulletin every year.

    The FB spillovers are distributed @ 28.6% to EB1,2,3, just like the 140k base.
    Therefore if there are any FB spillovers left EB3 must not be "U".

    However, EB3 is completely "U"
    Therefore FB numbers have already been factored in the DOS calculations. How exactly? I don't know.

    Unused 28.6% FB spill from EB1 will of course spill over into EB2 IN/CH.

    vdlrao's estimates of ~30k FB numbers spilling over are for all EBs, there will be at most only ~ 20k FB spillovers into EB2, as EB3 has already consumed its portion.



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  • mihird
    10-09 03:56 PM
    There is the freedom to change jobs and apply for a new TN each time. There is no 6 year or any sort of time cap - TN can be renewed indefinitely..a TN only costs $50 to renew for each year and can be filed without an attorney by mail. No need to physcially go anywhere.

    Drawbacks.
    1. Spouses/Dependents get TD which is as restrictive as H4
    2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..

    Hope that was informative...





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  • paskal
    07-18 08:38 PM
    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7


    but the spillover is done quarterly per USCIS.
    we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.



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  • texanguy
    10-01 07:14 PM
    in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.

    Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...





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  • Imigrait
    06-13 12:22 AM
    look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.

    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.

    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.

    So brace for the change because the times are a changing...

    can't believe lahiribaba you're still waiting with those PDs



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  • Kushal
    07-27 11:46 AM
    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.

    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.





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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    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.

    After AC21..

    (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.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.



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  • BMS
    07-03 06:47 PM
    sent to all foxnews email addr





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  • msp1976
    02-13 02:54 PM
    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....



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  • angelfire76
    05-29 09:19 PM
    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;

    Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.





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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.





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  • amsgc
    12-19 07:32 PM
    Guys,

    I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.

    I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.

    Some information can be:
    1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
    2. State, County and Zip Code
    3. Current Immigration Status
    4. I-140 approved: Yes/No
    5. I-485 pending: Yes/No
    6. Number of dependents
    7. Do you own a house: Yes/No
    8. Will you consider buying a house if GC is approved? Yes/No
    9. Profession
    10. Expected 2007 year Taxes - (1) State (2) Federal

    We can add more fields if needed.

    Now, this information can be presented in a numerous ways, for example:

    1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.

    2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house

    2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved


    I understand that there are two challenges here:
    1) Getting people to write to IV
    2) Collecting the data. I have some thoughts on this:
    - Perhaps we can have a PO Box for each region
    - We can have the state leader, and a couple of others go through this information
    - We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.


    I think data collection and organization is doable. The hard part is getting the community involved.

    Any thoughts guys?





    chiragmodi
    09-28 07:18 PM
    Is it mendetory to file AC21 if your job title and duties are identical in your new job???

    Thanks.





    ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.



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