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  • antihero
    03-27 05:18 PM
    The great Indian Satta Market understands the nerve of the nation more accurately then others. And the buzz in the market is that a dark horse, who is not even in this group, will emerge as the next Indian PM.





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  • mabuhay
    07-13 02:29 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?





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  • alisa
    02-13 02:04 PM
    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:


    If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?


    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?

    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.





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  • snthampi
    07-30 11:58 PM
    Gave you green for making me laugh. I am adding step 8.

    8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.



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  • TeddyKoochu
    09-24 10:28 AM
    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.





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  • Legal
    07-03 10:41 PM
    documentation >to <verifying no US citizen worker was available for a given job) -
    should have been documentation verifying



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  • Rb_newsletter
    01-15 04:08 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.


    I don't have words to appreciate you. You explained it in one poem very very very well.

    Earlier they asked for ridiculous documents like photos with American colleagues, etc.
    Then they asked for client contract for 3 years, where no client sign a contract for more than 6 months in this uncertain world.
    Then they asked for work place fire safety approval docs.
    Then they sent contractors for work site visit.
    then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........
    Now they want to define the way of business practice.
    Later...only they know what they are going to do.





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  • sachug22
    09-15 06:19 PM
    Cutoff for China will never advance India dates for spill overs.

    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.



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  • 2008FebEb2
    07-16 05:38 PM
    How many of you think theres a Possibility of Current for EB2 India in either of the Jul/Aug/Sep 2009 bulletins, just like a more than 2 years jump in Aug 2008 bulletin.


    Hello Mr.vdlrao,
    When do you think 2008FebEB2 will be current? Any comments? :D





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  • GCMan007
    06-28 06:48 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..



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  • roseball
    01-13 01:49 PM
    Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.

    This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).





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  • desigrad
    09-22 12:22 AM
    Dear friends,
    I have a few questions regarding EAD renewal (based on pending AOS):
    1. When we apply for EAD renewal, do we have to go for fingerprinting again? I have heard conflicting reports about this - one lawyer said that we have to go for fingerprinting even if we have already done our biometrics once. However some of my friends have applied for EAD renewal and they didn't have to go for fingerprinting. I read some where that they won't call us for fingerprinting if we apply via paper instead or electronically. Is that true?

    2. Do we have to be in the US in order to apply for EAD renewal?

    Thanks very much!



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  • unitednations
    02-13 01:10 AM
    I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.

    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.





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  • msp1976
    02-13 02:50 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.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...



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  • sunty
    02-13 07:23 PM
    Hi,
    I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.

    Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).





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  • samay
    07-28 04:05 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.

    It is not recommended that you travel during the pendency of your H-1B extension.



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  • chi_shark
    10-28 03:06 PM
    i am curious... if someone leaves a comment with a red or a green dot, how do i get to see the comment?

    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)





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  • sroyc
    02-12 08:44 PM
    I don't think Abhijit chose the right analogy, so your response to that makes sense.

    India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.

    Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.

    If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.

    What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?

    If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.

    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.





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  • justAnotherFile
    06-27 10:15 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.





    smisachu
    06-16 12:21 AM
    What is your qualification? I have been in this country maybe as long as you have been and can wager that I am more qualified than you educationally unless you will be publishing something which will win you the Noble. Still I am stuck because of this system. And I am not even in IT.
    If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.

    We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





    at0474
    12-14 05:17 PM
    Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card.

    --No. I did not say that.



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