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  • munnu77
    09-24 11:18 AM
    I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

    I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.

    good Idea





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  • Caliber
    09-23 08:46 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    END OF CONTENT

    Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.

    I fully support this idea. Thanks for bringing such good and justified proposal.





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  • logiclife
    06-26 08:16 PM
    So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
    Which means what some of these lawyers are saying is not speculation but a definite possibility.

    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.





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  • aranya
    12-14 03:33 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"
    Equal yes but also separate and that did not work very well in the past, did it?



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  • Lasantha
    10-17 10:12 AM
    Hello everyone,

    Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.

    Thanks
    alexander

    Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.

    And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33

    You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.

    Lasantha





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  • immi_seeker
    09-15 02:39 PM
    Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    ==============
    Total 30000
    ==============

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    2006
    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.


    Considering the slow economy that spill over is reasonable.



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  • mantric
    02-15 05:53 AM
    Completely agree with Googler.

    While I have sent the letter and convinced a few friends to do so let's be realistic. It is too easy for this letter campaign to be swept under the carpet of the next crisis to occupy the attention of the government. The letters may just get thrown in the garbage - whether 2000 or 20000. Nobody is answerable. Based on past history for such campaigns the chances for success are pretty low. Also this friendly govenment does not have much time left.

    This is ultimately a fairness issue. There are issues of discrimination based on country of origin. Careers are stopped midtracks for nationals of particular countries. For ages. This situation is completely unnatural. If someone gets a promotion he has to go back to the beginning of the queue. Growth potential and economic contribution is retarded during career prime. And if it was'nt bad enough already, visa numbers have been wasted in huge numbers to make things worse.

    Going to the courts appears to be the only way to make people confront this fairness issue, that these delays and uncertainty are affecting real lives and careers. It will reinforce any letter campaign.
    People who think the current laws are fair should be reminded that it is only the consequence of the laws that matters not the intent.

    Also everyone please browse through the previous I-485 lawsuit site -
    http://www.immigration.com/litigation/I-485_litigation.html
    If has a lot of useful information.

    Note the background for that lawsuit was that a letter campaign had failed to bring results.


    Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

    There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

    Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.





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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.



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  • Kodi
    05-12 05:07 PM
    This is an old artical I was able to dig up. These LTTE members have been living in colombo for 15 years. Its hard for the military to pin point terrorist among so many tamils. That's why they asked them to justify their stay in colombo. Its not a pretty situation, if the military doesn't question then the LTTE would have already taken over the capital.

    This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.

    http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818





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  • paskal
    02-13 05:45 PM
    friends,

    you have 29 people in favor.
    great! each one needs to put their time and money where their mouths (mouses) are.

    i suggest: take up a collection, then go get top notch legal opinion.
    until you do this, no point going forward, this is going to be a very
    important step.

    c'mon folks step up...get a collection plate out and open your pockets.



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  • mbawa2574
    05-28 11:10 PM
    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

    This fraud has to stop. There is nothing called as MNC manager. These are basically sweat shop slave supervisors. None of these clowns make a 6 figure salary and can match the skills of people in EB2 & EB3 category.





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  • chanduv23
    08-17 12:24 PM
    It looks like a lot of "so called educated folks" are PROBABLY JELOUS :) :) of Mr SRK.

    No matter what - he is a capable man and I appreciate him for whatever he is.

    If he is not doing anything to reduce poverty in India - well then it is his choice, but you can definitely let him know "Mr SRK please use your popularity in a good way and reduce poverty and disease in India"

    Folks - all the starts do have "value" When I say stars - they are public figures, right from mucisians to television anchors to actors or ramp models or anyone - they are what they are because of their destiny, so just because they cannot code or hold a sthethescope, does not mean they are bad.

    In fact The then president of the US applauded 'Bill Pullman" for his fascinating speech in the Independence Day movie claiming he did something marvellous.



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  • jsb
    06-04 01:17 PM
    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.

    This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.





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  • mbartosik
    12-13 05:52 PM
    it's not the cost of getting an opinion that matters.
    See my two prior posts on being pragmatic.



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  • chantu
    03-30 12:39 PM
    I am not saying MMS is the best....but better than others. Do you believe the so called Left the savior of our country. I am not bothering who is ruling or not. My only worry - what is done for our future. I strongly believe Left was the speed bump to the development of the country. Mr.Advani dont have anything but Ram Temple. I hardly see any value in that. He runs his politics based on religon and Ram temple. Let him put the plan and vision for out future, to build stronger India....I will be the first one to vote for him.


    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.





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  • Legal
    07-24 07:10 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "Some thoughts on India E2 movement over the next two months.
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters."


    I am curious and have a few questions:

    1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??

    2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota

    3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.

    4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.



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  • knowDOL
    05-19 09:44 AM
    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.





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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..





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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.





    bayarea07
    07-28 03:07 PM
    Hilarious Post and good way to tackle these guys, You Just made my day

    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.





    surabhi
    07-21 05:35 PM
    That seems to be correct interpretation. This makes me dizzy, too good to be true. :D



    That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.

    All FB categories are retrogressed. No category is " Current" so that the visas should spill over. ANd the most recent availability is category 2A.( October, 2003)

    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.



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