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  • matreen
    02-13 12:53 AM
    I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.

    IV has had it's own share of success with it's approach. No other methods have succeeded so far .

    Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.

    community does not have the bandwidth to take multiple initiatives.

    I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.

    How long do you think we are going to live like this, without hope. CIS already screwing us...what else to afriad......I disagree with CHMUR...





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  • eastindia
    01-14 09:48 AM
    I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.

    You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?





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  • snathan
    01-15 04:03 PM
    No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
    Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
    They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
    These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.

    What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.





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  • pappu
    02-14 10:09 PM
    longg and msp1976, Could you update your profile with contact information. IV can use your skills.



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  • Macaca
    07-04 01:01 PM
    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.

    This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!

    Also, please look at all possible holes in my points. We need to be rock solid!





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  • msp1976
    02-22 05:59 AM
    Looks like lot of data is available for us to crunch on:

    Labor certifications from 2000 to 2006
    http://www.flcdatacenter.com/CasePerm.aspx

    H1Bs issued from 2002 to 2006
    http://www.flcdatacenter.com/CaseH1B.aspx

    Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.

    There is a case status xls on the immigration portal for the backlog centers..That gives the total number of cases and status in both the labor backlog centers..
    http://www.immigrationportal.com/showthread.php?t=161571&page=311
    Look for Case_Status.xls by sktripuraneni

    Apart from H1Bs the 245(i) filings in April 01 was a big source of labor certification filing.....I had found an estimate of number of the 245(i) cases some time back.... I shall try to find and post it again...Those 245(i) cases are wholesale coming into EB3 category....

    Also not all H1Bs that came.. stayed in US.. some went back.. ..So we need to decide on a 'retention factor'....That is the percentage of approved h1Bs that are in GC process.. This we got to estimate somehow.....

    Also we do not have a concrete source for per country distribution of the pending labor certifications in backlog centers....How to get that...?? That is the big issue.....
    The H1B data is not sufficient to do that....



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  • snathan
    01-18 12:45 PM
    There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.

    How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.





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  • hindu_king
    05-29 02:53 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.

    What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.



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  • digmetalq
    08-17 03:32 AM
    Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.

    Did I forget that we can light our bulbs.





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  • angelfire76
    06-13 06:26 AM
    Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.

    That statement was ridculously funny :D BTW, Mr Dilip, a classmate of mine from graduate school who did his Ph.d in Cryptography, couple of internships in RSA, was ranked #5 in the Math Olympiad in 1993 had to return to India because most of the jobs he applied for required security clearance, which means USC. He's now a successful head of the computer science dept. in Mumbai and the feedback from his students about his knowledge is amazing.
    Most people who came during the 1995-2001 were HTML and Cobol junkies who got lucky when their GCs were issued. Take your arguments some place else. :rolleyes:



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  • vdlrao
    07-24 09:01 PM
    http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


    #78 07-07 12:43 PM
    guchi472000 guchi472000 is offline
    Junior Member Join Date: Mar 2008
    Posts: 13


    Re: Visa Bulletin answers and other isssues

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

    Hi Ron.

    Any predictions for Aug-08 visa bulletine.

    Thanks.

    guchi472000
    View Public Profile
    Find all posts by guchi472000

    #79 07-07 01:30 PM


    Re: Visa Bulletin answers and other isssues

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

    I suspect there won't be much change from the July bulletin.
    __________________

    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11
    07-07 01:30 PM
    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11


    Re: Visa Bulletin answers and other isssues

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

    I suspect there won't be much change from the July bulletin






    As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.





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  • jkays94
    05-25 12:28 PM
    At what stage do you have to prove funds? Is it in the form of bank statements?

    Yes, certified/notarized bank statements or letters. In my case a 3 line letter on bank letterhead from my bank stating the holdings in the bank was sufficient. It is a good idea to demonstrate this at the beginning of the process. I know of someone who did not have all the funds at once and they wrote a letter explaining that they had $x amount at the moment (which he showed by way of a bank letter) and that by the time his application was to be finally decided he would have the full amount. After his initial assessment, he received a letter asking for his medicals and updated financials. His process completed in 9 months.



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  • gcny2006
    05-28 11:58 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.

    WRONG

    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    - Number of EB-2 I I-485 apps pending = 60,000

    so with no trickle it will be 20+ years





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  • softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?



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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • bayarea07
    07-28 02:07 PM
    I donot think its in any way wrong to come meet somebody and say hi and try to talk to but what is wrong is the methodology adopted by these folks which basically irritates people.
    I do not think its any way different then any networking event in Bay Area , the only difference is you meet somebody introduce yourselves and about your product and then move on and then just wait for the other person to contact you, however in case of amway first part of meeting is ok but they completely miss out on the second part instead of waiting for the second person to call they just keep calling you and harassing you with calls


    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.



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  • ghouse1742
    03-30 06:03 PM
    We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!





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  • kondur_007
    07-26 06:04 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?


    This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.

    What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)

    If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...

    At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.





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  • tikka
    07-03 11:02 PM
    Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

    The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

    The State Department said the 60,000 visas it had expected to offer would no longer be available because of �sudden backlog reduction efforts� by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

    In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a �hoax� and a �bait and switch� against hopeful legal immigrants who played by the book.

    �Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,� said Kathleen Campbell Walker, the president of the association.

    To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

    Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

    Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

    �I am concerned that such action may violate the law and could threaten the integrity of our immigration system,� Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

    The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.





    andy007
    07-04 12:42 PM
    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.

    You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..





    thepaew
    12-13 04:24 PM
    The US Constitution is a very concise document. Here is a link to it.

    http://www.usconstitution.net/const.html

    I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.

    I also disagree with your premise that corporations want to see the caps lifted.

    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.



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