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  • hiralal
    05-01 11:22 PM
    friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
    that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
    SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
    and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
    as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first





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  • snathan
    01-24 05:31 PM
    If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo


    I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.

    I am not sure if this snram4 is sadist or outright idiot. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense.

    snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.





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  • jsb
    06-03 03:29 PM
    Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.

    On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."

    Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?





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  • Sunx_2004
    12-07 01:29 PM
    Very good idea, with interest rate going down there is an opportunity for those who are looking to buy the house.
    And for those who already have house, If their green card messed up than you see more foreclosures.
    No matter, who are planning to buy house or who already bought house both will contribute to the economy in their own way.


    I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
    ----------------
    what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
    ...if people are motivated then maybe we can do media campaign too ..
    ------
    the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
    (if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)



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  • jthomas
    05-29 05:39 PM
    can somebody summarise it and make a action plan





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  • Nikith77
    06-17 02:49 PM
    lets not fight between ourself. Let us be happy to see someone is gettting their GC,s



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  • paskal
    12-13 06:46 PM
    unless someone has some concrete information to convince me otherwise.

    the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..





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  • nb_des
    08-04 03:00 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?
    There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.



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  • vinay0622
    07-29 10:16 AM
    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.



    Thanks..Samay.
    I appreciate, You took time to answer my question.





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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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  • Legal
    07-25 02:08 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.


    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.





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  • bobby
    07-04 11:39 AM
    "The US govt. does a number on High Skilled Immigrants"

    http://immigrationvoice.org/forum/showthread.php?t=5994&page=9

    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"



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  • angelfire76
    01-14 02:38 PM
    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.

    Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
    The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.





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  • hpandey
    05-01 07:54 PM
    [QUOTE=Originally Posted by Keeme
    Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.QUOTE]

    Keemy this itself shows how intolerant you are . On one side you are trying to profess the cause of people from your community from a different country and on the other hand trying to denigrate people from another region from your own country .

    Just because my handle is Pandey you assumed that I am from UP , Bihar and look and behave like the great Mulayam and Lalu and Paswan.

    For your information I have never been to UP or Bihar in my life except once as a tourist nor my parents .

    Your love for Srilankan Tamils seems to be a lot more than your love for your own countrymen.

    Everyone else can decide what you are.

    As for me I am an Indian - nothing else nothing more.

    To Ms. Rambha - When India interfered in East Pakistan to create Bangladesh don't for a moment believe it was to save the Bangladeshis from suffering . Please read the full war history. In any case we are paying the price for that with more terrorists coming from Bangladesh.

    We have paid the price for Srilanka also with IPKF soldiers getting killed in 1987 and then LTTE killing our beloved PM.

    Peace.. I am out ..no more postings on this thread where people from my own country write words of hate for me out of their love for foreigners .



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  • hopefulgc
    02-14 03:38 PM
    damn.. lazycis you are good... its a winning precedent.
    would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
    :)


    ---------------------------
    Originally Posted by lazycis View Post
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.





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  • Aah_GC
    08-15 09:35 PM
    I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?



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  • polapragada
    10-16 12:29 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.


    Too good to believe..I hope it would go correct:D
    And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..





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  • mirage
    04-01 08:15 AM
    My opinion is you should allign your thinking with a party which has the least divisive idealogy. Mulayam/Mayawati/Laloo type parties were born for simple reason, 'Caste politics'. Congress has only one agnda 'Communal/Secular', they call themselves secular but they have played the divisive card like none other in India..Congress have ruled in India for longest period than any other party, In UP Congress was the default govt. until late 1980, but the condition of the minorities in those regions will tell you how much they were misused & misguided.
    And now , since they took over in 2005 they've been talking about reservations, they alligns with Muslim League in south, they support terrorists like 'Taslamuddin', and ofcourse everybody is aware about their role in Amarnath Land Transfer issue. On the other hand there's a party who worked almost for everybody for 5 years. In those 5 years we saw how India started showing up in US media as emerging business leader, that started happening in 2001-2002...You need to give them their due credit. Now you see the western media, they are all lashing out at Indian govt. with 'Weak govt.' charges...It is upto you to decide what kind of politics you want from your politicians. People argue 'But BJP didn't build the temple when they were in power' and my answer is did you want them to do that ? isn't it good that they did not raise controversial issue and just worked on development. Babri Masjid, Gujarat riots etc. are raised again and again by parties who don't have any agenda, but only one agenda and that is to divide and get get votes....
    Let me ask you this. I am a Brahmin and should I hand over future of my children to any other party than BJP? What should I read out of reservations for OBCs?

    Are you also saying US does not have blood on their hand of innocent Iraqis? Are you saying no innocent was killed in Gaza or west bank?





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  • andy garcia
    02-23 09:51 AM
    whatamidoinghere,
    what is the source of you information.
    Can we maintain a information on such numbers on IV itself so that we have one place to see it.

    Here is the link:
    http://www.flcdatacenter.com/CaseData.aspx





    hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.





    sanju
    04-15 10:00 PM
    How about Simon for PM of India. This guy knows everything ahead of time -

    http://www.youtube.com/watch?v=RxPZh4AnWyk



    RxPZh4AnWyk



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