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Saturday, June 25, 2011

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  • LegalIndianInUSA
    07-29 02:37 AM
    Yea sure, be scared of corporatiions and defamation suits and let them enslave you. Sheeple mentality.

    Add, the "now dead" Sun Microsystems to the list.
    They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.

    fuck em.
    Take control of your own destiny.





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  • VIKAS1866
    03-19 02:13 PM
    Hi,
    Any new development on FBI name check process? How can one address this issue?





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  • vin13
    11-10 11:07 PM
    Guys..

    I have been watching and participating in this drama for a long time....

    We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

    This will benefit all EB 2 / EB 3

    We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Seriously guys,
    We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

    There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

    Here is the draft. See if some of you can use it to fight the cause.
    ----------------------------------------------------------------------------------------------
    Dear Mr. Charles Oppenheim,
    First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
    We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
    The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ 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 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.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
    Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
    Quarterly Spill-over will benefit administration by:
    1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
    2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
    3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
    4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
    5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
    Quarterly Spill-over will benefit Applicants by:
    1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
    2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
    3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
    As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,





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  • pointlesswait
    11-13 11:48 AM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

    BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

    I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

    some of these short term policies can be:

    a.) simultaneous filing of 140/485...
    b.) 5 yr ead..without restrictions.
    c.) add to the list..


    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.



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  • immigrant2007
    03-12 10:59 AM
    IV has not failed. If the objective has not been met then it is our fault not Pappu's.
    See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.





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  • file485
    01-30 01:19 PM
    again from H1 to H4 ..if u dont find a job will be another major horror story if u want to change your status from H1 to H4 as you have 2 show atleast 2 paystubs to show u maintained your H1...or go back home and get a H4 stamping...

    all is a horror story..either u take a H1 and only look forward..even if u want to change your H1 to another company u need paystubs... so living in the USA is no joke,bottomline..



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  • sledge_hammer
    02-14 10:51 AM
    How is it relevent if I am a Jew, a Christian, a Muslim, a Hindu, or anybody else for that matter? Your question is so absurd, and has absolutely nothing to do with what a human being should feel towards the suffering/struggle of another human. The reason I asked you what you think is because you supported OP's idiotic comparison.

    I do not know what you have against conservative Christians or Jews, but you knowing my religion will not prove anything or make your statements any more sensible.

    In order to feel pain for a person, how closely do you have to be to that person? What is the definition and boundry? Do you need to be only a parent, child, or a sibling? Can you be just a blood relative? Do you have to speak the same language or come from the same state? Do you have to be of the same caste? Same religion? Same race?

    Do I HAVE to be a Jew to sympathize with them?

    As humans, there are certain standards associated to the pains people go through. The Jews or the Kashmiri Pandits or Muslims or Christians that are killed, gassed, persecuted, imprisoned have definitely been through more than what we legal immigrants are going through.

    You ougth to be such an egotistical and selfish person if you feel that your pain (not getting H-1B) is more than someone else's (being killed) because you're experiencing it! Even if you're simply "comparing"!

    So in your case, since you support OP's analogy (our suffering vs. Jews), you would rather be gassed like the Jews were than to wait in line for 10 years in the queue for your GC? Or if you feel that being gassed is equivalent to being denied your H-1B extension in a TARP company, be my guest; to have a first hand experience, go lock yourself in your car garage w/ the engine running and all the doors locked. Come back alive (which I highly doubt you will), and tell us that you felt the same pain in that car as you would have felt if your H-1B was denied, then we'll believe you.

    Get over yourself and stop writing nonsense!

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .





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  • gjoe
    12-11 06:26 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?

    Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
    Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)



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  • frostrated
    07-13 08:37 AM
    Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?





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  • virald
    07-24 12:05 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"

    srikondoji

    I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.

    Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.

    Peace.



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  • Aah_GC
    05-28 04:03 PM
    Finally after 6 years, its my turn to report. Online is NOT updated but when I called NSC they informed that it was approved on 05/23/2008. They also informed me that it will take 6 business days to get the card(card ordered on 05/23/2008).

    Congratulations to you and family. Have lots of fun and a bright future ahead!





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  • kondur_007
    07-12 04:30 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.


    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)



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  • mallu
    02-15 02:08 PM
    Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.

    Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.





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  • HawaldarNaik
    12-10 01:46 PM
    I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
    Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....



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  • jonty_11
    12-13 01:04 PM
    Pappu has doused the fire..:(





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  • Nil
    03-17 11:31 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...



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  • nat23
    06-13 08:41 AM
    Interesting Article on the revival of the CIR

    http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm





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  • alex99
    10-29 08:57 PM
    ^^^^^^^^^^^^





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  • rajuseattle
    07-15 11:10 AM
    Ajthakur,

    Please be truthful to the IV members.

    You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.

    Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.

    You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.

    If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.





    de2002
    03-11 09:45 AM
    http://www.nytimes.com/2008/10/03/opinion/03fri2.html?scp=1&sq=legal%20immigration&st=cse





    abhijitp
    07-23 07:07 PM
    My lawyer also submitted my 485 without the employer's letter. She maintained that since I currently work for the petitioning employer, it is not required. She only submitted my pay advice.

    I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?



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