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  • thecipher5
    04-23 09:52 AM
    Suresh,

    I just sent you a pm regarding a similar situation I'd faced...

    Contact me if you need more information.


    thecipher5





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  • pappu
    06-15 12:35 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.





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  • akred
    02-16 12:10 PM
    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.





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  • snathan
    03-30 01:29 PM
    I didn't know Lord Rama was part of BJP's manifesto this time.You are so stuck with 90's. MMS brought economic reforms in 90's so he's reforms guy even though he didn't bring any in his current term.
    LK was Lord Rama guy in 90's so he is Lord Rama guy even now.Just check BJP manifesto this time.

    Santhan and the like(s)...I'm just breaking it down here...

    Like I said in my previous posts religion is played heavily by MMS govt (read as Sonia...I'm sure MMS is a nice person) 4000 Missionaries came to India in last 5 years.More 4000 may come if you give them chance.Now nothing wrong with it generally speaking (except that only christian missionaries were granted visas and Jewsih groups were denied visas) but something wrong if we go by your 'I'don't care if Sankaracharya is jailed,I don't care for lord Rama guys' attitude.

    Now these missionaries are setting up miracle boxes ,so far in rural areas, where poor people that drop their wishes in the box see miracles happening.Only hitch is entire family has to convert to Christianity.Yeah abuse of poverty.But there is discrimination (hoping that when you speak of poor you speak of poor of all religions)even in miracles.Some how these missionaries don't dare to mess with Muslim poor.So Muslim poor are left alone. Neither your MMS wrapped State does anything to alleviate their poverty nor these missionaries shower their miracles on them.

    BTW it's not poor and Sankaracharya alone there are also other religious(for now Hindu) leaders in their list(Satya Sai Baba, Mata Amritanandamayee, Shri Shri Ravi Shanker Maharaj and many more) Now what's common in them apart from being Hindu leaders they are also immensely into helping your favorite poor people (no conversions though,you don't want to believe me just check out Mata Amritanandamayee's social service camps not for just Hindus all over the world.)

    Now if a doctor doesn't get patients how will he survive?
    Same way how will missionaries conduct their business if the poor and needy are helped .It's assured State won't help these poor population.Those who are helping them should go to jails so their popularity gets a dent among the masses.(not that their service stops anyways) So you MMS wrapper is facilitating all this.

    I know too much stuff but our biased/bought media won't highlight these facts.Remember how A.P High court held media for setting up a 'media trial' even before anything was proved in Sankaracharya case?(nothing was proved till date but since you don't care let's not go there)

    So your favorite MMS govt was busy with such things so far.

    I know ignorance is bliss but know that bliss will not last long.

    So yo unever know this guys when they will change and what. I need food when I am hungry and need a place to place to sleep when I am tired. I dont care whether Rama has temple or not.



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  • nfinity
    07-03 05:16 PM
    Ramus,

    used the web link on the senator's website. No subject line was available. Is there an email address I can use? I am going to take an hour today and send emails to reporters.





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  • cloud 9
    06-12 06:12 PM
    dilip

    With the level/kind of arguments that you are putting in your posts, I don't think you will be able to complete your MBA or will not survive working as a MBA. So, my suggestion is: save that 100,000 that you are planing to burn doing MBA. Use it for some other purpose.

    You are not able to compete with the unskilled people even though you have more than 10 years experience, how you are going to compete with MBA's that graduate from top schools from USA and India with your phony accent. Dont waste your 100,000, use it for your child's education or maybe donate part of it to IV and someone from IV might help you in getting a JOB.



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  • kondur_007
    07-23 03:15 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...





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  • WAIT_FOR_EVER_GC
    07-21 02:13 PM
    Please for GOD SAKE understand that this is an immigration Portal.
    Not a fish market where we can discuss the prices of item at different stores.

    Please stop this Admin



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  • RNGC
    07-25 03:31 PM
    My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.

    Have applied for 485/AP/EAD during July 2007.....

    Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.

    1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

    2. Do I have to do any paper work after Sep 2009 (date in I-94)

    Appreciate your response.





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  • yabadaba
    02-14 02:31 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit



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  • sundevil
    05-29 02:48 PM
    I agree with your ultimate conclusion that we need legislative changes, but I am with complaining about fraudulent EB1 apps. Every fraud starts off small. Even this applying H1B without a job and then sit on the bench for a few months and find a job was started as a few thousand at one time. Now it is a fraud monster, we have learnt to live with.
    I for one believe changing EB3 to EB2 is not even in the same ballpark as EB1 fraud, most people in EB3 are deserving or will become deserving EB2 while waiting. But EB1 fraud is straight up that, FRAUD, even labor sub takes a distant second to that.

    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.





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  • Googler
    02-15 12:11 AM
    As I said in the Mocanu thread:

    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.

    It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.



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  • dixie
    05-10 05:03 PM
    even if labor market tests are the right way to go, there is no justification for the enormous bureacracy involved in the US EB system. Consider the time it takes to clear labor certification .. 4-6 months under PERM.Then why another 4-6 years after that to issue the green card ? If the person has already proven he is in a speciality occupation, why the additional bureacracy, and retrogression in the name of "diversity" ? Current policy just smacks of ambivalence.. immigrants are needed for the economy, yet the rules dont acknowledge their utility by offering a painless path to permanent residency.





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  • eb2waiter
    05-14 02:04 AM
    ......



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  • thepaew
    12-13 04:46 PM
    It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.

    No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.

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





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

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

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

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

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



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  • chanduv23
    06-28 08:56 PM
    Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August

    Is there anything we can do at this time - probably nothing unless such thing happens.

    Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?





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  • samay
    07-21 08:28 PM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.

    The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.





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  • GCHope2011
    01-14 01:37 PM
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full.

    Maybe, if you had started the thread with your ideas, it would have helped save the 2800 that people have taken away from you...

    Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility

    Please, please, please share your ideas - having created the curiosity, now please do not deprive us of your ideas. Just keep them specific and actionable.





    immique
    07-18 11:45 PM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen

    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.





    PavanV
    09-04 01:37 PM
    Have you folks seen the movie Magadheera, one of my friends showed it to me, awesome movie i must say :cool:



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