Wednesday, August 3, 2011

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  • JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





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  • alterego
    12-21 05:18 PM
    albertpinto,

    I agree that it is not going to be easy - but I don't see any other way.

    It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

    How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

    Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

    I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
    - For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
    - Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

    The USCIS can define the criteria for accepting cases for early evaluation, such as:
    - PD older than 3 years
    - Buying a house etc.
    - Attempting to start a business, changing job, going back to school to enhance skills etc.

    Any other thoughts, any one?

    In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
    At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
    The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
    I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.





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  • longq
    02-13 02:59 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.





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  • morchu
    06-13 11:10 AM
    Dilip,

    There are no excuses. You are closing the doors behind and trying to forget the path you came through.

    Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.

    If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.

    I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.

    Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.



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  • jonty_11
    06-28 05:30 PM
    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
    Attorney has said taht they are looking at this information, and wil get back to us soon!!!..Looks like it is a cause of concern...This sucks.!!!





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  • ss_col
    08-12 04:35 PM
    I filed 2 140's:

    1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.

    2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.

    How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.

    Would appreciate inputs.



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  • chanduv23
    03-16 02:05 PM
    Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!

    Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor





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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.



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  • coopheal
    01-14 08:13 AM
    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?

    Comments like these are just giving fodder to anits. Then they take comments like these and frame them in "out of context" way to put unfair restrictions on all of us. Recent example is how BW had used parts of IV threads to justify killing H1B and GC programs.





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  • ivar
    08-15 10:16 PM
    -- Deleted ---



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  • johnamit
    07-12 04:11 PM
    I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
    Will appreciate if someone can shed more light or post a link.

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • stupendousman11
    09-21 09:25 AM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.

    Samay, look fwd to you comments on my situation. Thanks.



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  • gc_chahiye
    06-27 10:46 PM
    Sorry my number was wrong...

    Its not 80,000 , it is 129,973.. That is also as of March 2007..

    look at link http://www.shusterman.com/pdf/permstats407.pdf

    8000 Indians (almost the complete 7% ANNUAL limit for I485) were PERM certified in the first quarter of fiscal 2007 (oct-dec 2006) itself! No wonder we have big backlogs for India...

    An older stat, for the first year of PERM (march-05 to march-06):
    http://www.murthy.com/news/n_relper.html
    shows that 80K cases were filed, and of these 36K certified. Assuming of the 23K rejections 14K were appealed and then got through, that means only 50K PERM approvals in the whole year. As dates retrogress in the future, and slowly start moving again, they should hopefuly cross this march-2005 to march-2006 timeframe fairly fast... Some of these I140s would have gotten denied, some of these cases possibly abandoned (no substitution also now!), and some I485s would get caught in namechecks and what not..





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  • sapota
    02-12 12:54 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.



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  • hiralal
    06-04 07:00 AM
    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
    I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
    and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
    I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
    ---------------------
    ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
    --------------------





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  • tikka
    07-03 10:03 PM
    For all those that blame all the problems of the world on "illegal" immigration, including documented Latino immigrants, the news that so called "legal" immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall doesn't make the current system look so hot.

    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
    The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
    But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
    The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.

    Practically speaking, what does this mean? Tens of thousands of people who work in the United States under employment visas and their families were affected by the change. There are reports of family members flying in to apply only to have to fly back.

    Then people wonder why my faith in the immigration system and reforming it is nonexistent.

    http://vivirlatino.com/2007/07/02/even-documented-immigrants-facing-an-uphill-battle.php



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  • caydee
    01-15 09:44 PM
    The topic is USCIS's memo. Why are fellow IVans discussing H1 versus L1 versus outsourcing. For some reason, a few people here think that all issues are caused by either big Indian companies or small desi companies. Some believe that getting rid of the consulting business model will accelerate their PR application. Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us. I still believe that our focus is immigration reform. Macaca is right about "self inflicted wound".

    Hope folks here watch this masterpiece on Youtube and learn from wild buffaloes - YouTube - Battle at Kruger (http://www.youtube.com/watch?v=LU8DDYz68kM)

    Nature will never cease to amaze us.

    Peace!





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  • thomachan72
    09-15 02:07 PM
    Dont know where you guys get all this information but this thread is like a lamp when you are gropping in a dark cave. The tone seems to be very mild (no hatred / quarelling) and everybody seems to maintain and spread a positive attitude. One thing is undeniably true and that is a positive attitude / outlook always attracts positive things. I encourage everybody to purposefully cultivate positive thoughts (eg:- "something surprising good is going to happen").





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  • akred
    02-15 07:26 PM
    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.





    panky72
    09-24 12:54 PM
    Please paste this into your To , CC or BCC. rest of message is on top of thread.

    Pilar.Falo@mail.house.gov,Markus.Ros...mail.house. gov,
    Philip.Swartzfager@mail.house.gov,Da...mail.house. gov,
    Scott_Hoeflich@Specter.senate.gov,Ji...odd.senate. gov,
    Lori_McGrogan@Dodd.senate.gov,Laura_...lby.senate. gov,
    Chad_Davis@Shelby.senate.gov,Beth_Ja...nyn.senate. gov,
    Tyler_Smith@cornyn.senate.gov,Cynthi...mail.house. gov,
    Ed_Pagano@Leahy.senate.gov,John_Dowd@Leahy.senate. gov,
    Eric_Mogilnicki@Kennedy.senate.gov,J...edy.senate. gov,
    Stacey.Leavandosky@mail.house.gov,Er... il.house.gov
    __________________

    Done !!


    Good job! I wish somebody had done it yesterday to help lazy people like me:D I had to make individual emails to everybody.





    jayleno
    07-21 02:18 PM
    Chill my friend. See where it is posted.

    Immigration Voice > General Information > Interesting Topics

    This is a very informative topic....well unless you are a quickstar member who is proud of it.

    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