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  • InTheMoment
    07-15 10:04 PM
    vdlrao,

    True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.

    Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.

    And you guess is 04-08 would get cleared in another year :p hard to believe!


    I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.





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  • vamsi_poondla
    02-14 12:51 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)





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  • tikka
    07-03 11:03 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin





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  • ujjvalkoul
    10-04 03:49 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!
    PRoabably 1 -2 months to get receipt letter



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  • EndlessWait
    06-28 03:48 PM
    I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?

    Did anyone else hear this?? Can anyone post a valid link to this other than

    OH OH OH OH Mathew site link????

    :D :D :D :D :D
    :D





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  • matrixneo
    09-05 07:31 PM
    QUOTE=_TrueFacts;840961]breddy2000,

    Because of assholes like you ,
    .....MOTHER FUCKER...

    Please, stop using this language



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  • whitecollarslave
    02-12 01:11 PM
    http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

    Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.

    How can we find out if EB provisions are there?





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  • chanduv23
    02-04 09:10 AM
    :(

    http://www.murthy.com/nflash/nf_020207.html

    Looks like the final version may be different and may have some loopholes to satisfy AILA and employer lobby.



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  • alien4ever
    07-04 01:34 AM
    PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!

    http://digg.com/politics/USCIS_Visa_scandal
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    Dugg all 3





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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".



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  • chintu25
    02-13 10:22 AM
    :mad:BUMP:mad:





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  • desibechara
    10-09 03:48 PM
    hi:

    But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?

    db



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  • java_jaggu
    06-26 01:24 PM
    ---------------------------------------------------------------------------

    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    Quote:
    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Quote:
    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
    Reply With Quote

    ------------------------------------------------------------------------

    I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.

    ------------------------------------------------------------------------





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  • GC08
    02-14 07:28 PM
    a 3-yr deadline..as I just entered my 4th year of this endless pain..

    I think it should be based on how long they have paid tax (say 5 years). For example, for those who have been legally working for more thena 5 years and paid tax during the period, with labor and I140 approved, they should allow them to file I485 right away. :D

    I always feel allowing illegals become legals is a huge advance for them. For legal H1Bs, the only advance of similar magnitute is giving them GC without any delay (at least within a timeframe comparable to those illegals becoming legals).

    What do you think? :)



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  • cps060
    03-20 03:17 PM
    Hello Tito,

    Could you explain what is the Returning Resident Permit ? Who can apply for that ? Also are you suggesting that once you have that document, even after one's PR card expires, one can enter CA al long as the Returning Resident Permit is valid ?

    Also I asked this question even before .... Can a person whose PR is going to expire or going to be more than 3 years old .... can a fresh PR application be filed ?


    Hi, I experienced similar situation. This is what I did:
    Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.

    Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.





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  • Dhundhun
    08-08 04:57 PM
    My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?

    My daughter turns 21 in 2003
    PD 03/10/2005
    My son turns 21 in Apr 2005
    I140 filed Oct 2006, approved Sep 2007
    I485 Applied in Aug 2007

    Thanks in anticipation.
    --dhundhun



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  • Googler
    02-16 12:34 AM
    I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
    Why ? You got the number of EB2 India cases pending that have PD before yours ?

    Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

    The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.





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  • reddymjm
    09-26 01:37 PM
    Bump





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  • psaxena
    05-29 09:04 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..


    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:





    the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!





    pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    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.