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  • deepakjain
    05-29 11:04 AM
    One of my friends came to US in 2002 applied for GC with PD of 2005 under EB3....looking at the situation he went back to India starting of Feb 2007...came back to US as Senior Project Manager [Virtual designation] he still does a developer work....applied for GC under EB1 in Aug 2008.....March 2009 he has got his GC.....

    Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...

    with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......





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  • logiclife
    06-26 12:21 PM
    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?





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  • panini
    05-17 04:19 PM
    According to the latest news from Sri Lanka:

    1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
    2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
    3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
    4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
    5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)

    So as you see it is all good!!!





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  • potatoeater
    03-31 11:40 PM
    Chhota Shakeel planned to kill Varun Gandhi

    http://timesofindia.indiatimes.com/Chhota-Shakeel-planned-to-kill-Varun-Gandhi/articleshow/4341949.cms

    Chhota Shakeel makes his entry into grand indian election mela :)

    What else is coming.



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  • Ramba
    07-17 11:42 AM
    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.

    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.





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  • PlainSpeak
    01-14 01:18 PM
    .
    My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone

    Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask



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  • 12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.





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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)



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  • gcfriend65
    06-26 12:34 PM
    The Visa cut-off dates are issued by the Department of State.

    Right now, the message shows:
    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.



    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?





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  • jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!



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  • unitednations
    02-18 11:51 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.


    I like it.





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  • kondur_007
    07-22 02:22 PM
    kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D

    Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:

    Just joking again....:p



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  • Marphad
    03-27 12:05 PM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.

    Waiting for reply to learn this.

    Ek Student Gyan ki bhiksha maang raha hai bachcha.





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  • xela
    02-13 02:57 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by

    YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!


    With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.

    Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.

    Some EU countries are doing the exact same thing by the way.
    I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
    I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.

    take care



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  • vjkypally
    07-04 09:50 AM
    Just Digged all 3 links posted by Tikka





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  • Alabaman
    05-10 05:25 PM
    Dont also forget that the points you need to make for the Canadian system is reviewed periodically. It can go up or down based on the need for skilled immigrants. This way they control the numbers.Then, live in Canada as a PR for 3 years and you are citizen. That is what I call a defined PATH. Something you can work towards... it also serve as an incentive for not towing the illegal route!!

    Live responsibly and legally in the United States for 15 years you can still be "kicked out"...employer petition is bondage my friend... There should be an earned path towards AT THE LEAST permanent residency, if not citizenship. Why would most people bother if it is almost impossible to achieve this through a legal path??? Easy solution? FRAUD!



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  • ras
    07-05 04:09 PM
    There has been parallel thread going on enquiring about the AC 21 portability for porting from Software engineer to software quality engineer. I did small bit of search and got the following info.

    DOT CODE 030.062-010 Software Engineer

    SOC Code
    15-1011.00 Computer and Information Scientists, Research In-Demand
    15-1031.00 Computer Software Engineers, Applications In-Demand
    15-1099.01 Computer Software Engineers, Systems Software In-Demand


    DOT CODE033.262-010 Quality Assurance Analyst
    15-1099.01 Software Quality Assurance Engineers and Testers

    We wanted to know from the attorney

    if the above DOT codes

    030.062-010 and 033.262-010 can be considered to be similar.

    or

    SOC codes
    15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.





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  • nozerd
    03-19 05:25 PM
    I am currently trying to negotiate with my company to do one of 3 things

    1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects

    2) Work out of Toronto office of my company on US based projects.

    3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.

    In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.

    Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.

    If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.





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  • vdlrao
    07-21 07:59 PM
    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!


    The unused Employment Based visas will be added to the following year's Family Based visas.





    ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:



    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





    rsharma
    10-07 04:40 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.



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