Sunday, August 7, 2011

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  • visves
    06-28 10:47 AM
    I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.

    So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).





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  • tikka
    07-03 09:19 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html

    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, a lawyers group said.

    Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.

    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.

    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.

    The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.

    A spokesman at the State Department declined to comment.

    Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.

    Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.

    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.





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  • H1BinNY
    07-04 09:46 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    NPR - this might help

    Matt Gallivan
    mgallivan@npr.org





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  • gcnotfiledyet
    06-12 03:28 PM
    You mean bureaucracy from Indian administration and also from US (since they both have to work together) - forget it man - it will never happen


    I am glad you were not involved in nuclear deal that just happened against all odds. Can you even imagine US giving waiver exclusively for India, while during clinton years they opposed everything about India citing NPT?



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  • JA1HIND
    02-13 05:01 PM
    No one would learn to walk if their parents were afraid they would fall.

    The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.

    now are going to have a poll on this one too?? LOL!! :D





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  • jayleno
    07-21 03:11 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    [QUOTE=a_yaja;1971286]I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    QUOTE]



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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.





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  • snathan
    08-17 12:40 PM
    It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.

    SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.

    I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?



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  • user1205
    02-14 11:28 AM
    I love that idea but too late now :)

    ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)





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  • ilikekilo
    07-10 08:02 PM
    Changed my mind. Updated my message. I appreciate your defense.


    appreciate your ego strength man...thanks for the edit...u r the man..



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  • jayleno
    07-22 12:07 PM
    Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.
    Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)





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  • sundevil
    05-29 12:08 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.


    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.



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  • amsgc
    07-04 01:03 PM
    gc_check,

    If I cannot apply within the next one year, do you agree that I will have to spend again on:
    - Lawyer fees for form preparation and accounting of changes in laws= $2000
    - Medical examinations And Immunization costs = $300 (many docs dont' take insurance, they didn't in my area) * 2 = $600
    - Photographs = $25* 2 = $50
    - Courrier services, photocopying, printing, long distance calls = $200

    So, once again, I am looking at spending: $2850. This money that I/employer spent last month is GONE. Who is responsible now? That's all i wanted to point out. When I said double, I meant spending $2850 twice, and also adjust for inflation. The above costs do not include USCIS filing fee.

    To calculate the money that has gone down the drain, just multiply that by say 50000 applicants who will not be able to apply within 1 year. That's well over $100 million. This is not a small amount, one could start a pretty good size company that can effciently go through the backlogs.

    >> This is money that has gone down the drain.
    None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated.

    >>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
    Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

    Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    We need to highlight the expenses occured and stress this has caused to many many people.





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  • ugotdude
    09-29 12:14 PM
    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying

    Can you post the link to the automatic revalidation law link?

    I want to take the print



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  • eager_immi
    07-12 12:08 PM
    No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.


    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr





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  • andycool
    09-17 07:46 AM
    Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)

    calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
    year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008

    after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)

    total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000

    If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.

    Good luck every one :(:D:mad:


    These numbers are not correct .....

    the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .

    this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
    Thanks



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  • saimrathi
    07-03 06:39 PM
    please sign out of digg and then go to digg.com... is it still showing on top?

    both stories are on top!!
    we can also digg the comments





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  • alterego
    12-14 04:40 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
    Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
    Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.

    In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
    If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
    On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................

    If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.





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  • amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.





    Sunx_2004
    07-29 11:56 AM
    Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07.
    Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.

    Now company B filed amendment to approved I 140- My questions-


    Is my I 140 still aproved or it will start all over?
    I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
    What
    I need to take care of if I want to switch the job.





    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?