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Sunday, June 19, 2011

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  • carpediem
    05-15 11:08 PM
    I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.

    So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.

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  • anilsal
    12-11 03:44 PM
    I think USCIS is under department of homeland security.

    Department of State is mainly for travel.

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  • vin13
    11-13 12:27 PM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.

    I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.

    But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

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  • javadeveloper
    01-30 12:15 PM
    have you submitted the new G-28 form when you changed employers?

    You can go back to your original GC sponsoring employer also right?


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  • achukatla
    03-17 10:18 AM
    I-140 approved march 2007
    EB3- priority date 2004 Aug

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  • gautamagg
    04-23 01:41 PM
    Thanks for your very kind feedback everyone. Let me address a few things all of you raised:

    1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
    2. Talking about being elitist:
    a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.

    b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.

    i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
    Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?

    ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.

    iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.

    iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.

    3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....

    4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...


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  • sanjay02
    11-27 02:42 AM
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible


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  • senthil1
    04-04 03:39 PM
    If number of H1b increases obviously waiting period will increase for GC. So H1b reform will be positive in multiple aspects

    1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
    2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .

    And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.

    Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.


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  • srkamath
    07-12 08:54 PM

    Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......

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  • senthil1
    04-03 08:46 PM
    What is the meaning of this?
    The bill also includes a variety of other provisions, including one that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses and another that would require companies to pay prevailing wages to both H-1B and L-1 visa holders

    Is that means Bodyshopping cannot be done by H1 or L1?

    ?? A new bill in senate to reform H1B ???
    I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?

    Also saw this article (sorry if its already discussed somewhere):


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  • vansree
    07-13 06:29 PM
    I talked to her related my case complexity - Border revoking my visa - She just wants money. She cannot provide any clear details, any expectations.

    Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.

    She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...

    if it is trouble some, she wont even reply!

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  • eb2_mumbai
    02-09 01:31 PM
    Why am I not suprised with this news?

    I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.


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  • mmanurker
    10-16 02:03 PM
    Count me in EB3 - India PD: 12/2003
    140: RD: March'23 2007 and pending......@ NSC
    485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC

    IV Contribution: $300

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  • javadeveloper
    05-15 02:07 AM
    Any Idea about the following MBA Distance Leaning Courses from India

    1.SCDL-Symbiosis center for distance learning
    2.IGNOU - ndira Gandhi National Open University
    4.NMIMS - Narsee Monjee Institute of Management Studies

    Or any other institutes from India with reasonable fee structure.


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  • onemaveric
    09-26 09:31 AM
    This is bad what has happened. They need to be educated about the protest.

    Is there any email address to the CNN editor? I can writeup a message about this.

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  • WeldonSprings
    08-27 12:06 PM
    As per this link and comments by the Director of USCIS-


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.

    I posted June number at

    July numbers are still awaited.


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  • ghost
    08-12 07:22 AM
    what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..

    Here is the thing: We all can write 10K checks to get a GC in next 3-6 months but things don't work that way...small persistent steps lead to assured success...see if you can get the people you know sign up for a 6 USD per week recurring donation, it takes 5 minutes of their time.

    This is like having one subway sandwich per week for 6 months, the key is to do it persistently every week/month. Thanks!

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  • GreenLantern
    03-07 07:28 AM
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  • sammyb
    07-11 01:39 PM
    USCIS will make more money by issuing 1 yr EAD to more EB2s & EB3s and come Sep/Oct, VB dates will go back to 04 again ...

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD

    09-26 12:07 PM
    I see the updated text. Good job IV folks!

    But it does seem out of place because the whole article is about H1..

    12-22 12:51 AM
    You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...

    I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...

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