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  • arnab221
    09-10 05:15 PM
    Are they back yet . The link is not working any more .





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  • alisa
    01-18 08:40 PM
    I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.

    Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if

    1) I am an Indian with EB-3 PD of Jun 2002 or later
    2) I am an Indian with EB-2 PD after Jan 2005.
    3) I am ROW with EB-3 PD of 2003

    4) I am ROW with EB-2. (Ok. Here you can't convince me.)
    Any other categories I am missing.


    Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.

    BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.





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  • sonia_sd
    03-09 01:47 PM
    A country that was built on immigrants paying with lifes of future immigrants - i dont know when this drama ends !!!





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  • sledge_hammer
    10-20 10:01 AM
    Thanks gclabor07!

    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!



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  • sprash
    01-30 01:51 PM
    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.





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  • gjoe
    09-17 10:44 PM
    If you have lots of money in the US you may be at risk of losing atleast some part of it. I think buying gold or buying property at a bargain price would be a safe bet. Don't let too much money in the banks. FDIC insurance covers upto $100K for an individual acct.
    Some analysts say that approximately 150 banks or investment firms are expected to fall within the next 15 months. There is a high chance for FDIC to go bankrupt. But if that doesn't happen currency value of the USD might sink.
    Save your savings now or never

    Greenspan one of the architects of this mess says, this is once in a century event.
    Greedy politicians are saying, this is because of the greed in wall street but not the people.
    I485 applicants say, show me the green (money)



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  • feedfront
    10-07 12:27 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]





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  • akhilmahajan
    09-26 12:18 PM
    Can you put URL for updated article?

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606



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  • alanoconnor
    08-15 03:57 PM
    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
    3rd 01AUG02 U U U 01AUG02
    Other
    Workers U U U U U
    4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Targeted Employ-ment Areas/
    Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07





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  • kartikiran
    03-18 01:24 PM
    Its more than 6 yrs now, since I started my GC process.
    __________________
    PD Date: 03/25/2002 EB3
    I140 aprvd from TSC: 06/2006
    485 filed @ TSC: June 29th 2007.



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  • GreenLantern
    02-15 08:01 AM
    Give me a preview grinch. I would like to see how somebody else is going about this.





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  • alex99
    04-10 10:35 AM
    please participate



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  • mirage
    02-03 01:32 PM
    You first thought of calling me jerk privately, than changed your mind...Anyway, waiting in this country for 10 years without Green Card, I am certainly a jerk, atleast that's how I felt when I saw the Fijian guy who landed here in 2007 got his Green Card, you are right for that point. First point of your's that I didn't understand was 'I may annoy people'. I acknowledged that in my first post itself. If being ROW I was to get my Green Card in 1 year, I will certainly be unhappy if someone try to make it 2 years...secondly you need to tell me how this effort is going to hurt the entire effort, I am looking for 15-20 volunteers who can work with me on this. Since this is also on IV's agenda so, it is certainly not against IV's goals, But I will try to work only on 1 goal. I am not stopping IV to continue with it's efforts. The whole point is, as we have seen in all the debates, lawmakers see Visa recapturing as new visas. Go around and read some stuff, America is more anti immigrant today than it was ever, in this scenario, getting a bill passed with recapturing Visas etc. sounds impossible to me(I hope I am wrong), but taking of country quota or increasing country limits may be to 15% will bring lot of relief to the hugely baclogged countries...Moreover as I mentioned when a strong lawmaker like Zoe Logfren supports such thing, I'm sure she'll be ready to bring something for it....again don't tell me it is not possible. I know it is impossible, but atleast I'll give it a shot...
    I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.

    You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.



    .





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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • GCard_Dream
    12-13 11:46 AM
    I should have known this. The procedure is right on the IV home page. Does anyone know when the next conference call is?

    How to submit your questions:

    Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Email with Subject Line saying : Seeking Legal Opinion.
    Email Address: legal_advise@immigrationvoice.org
    Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
    Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
    Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.





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  • sands_14
    06-30 06:48 AM
    I am writing on original.But entries finished.Where should I write as I have 8entries instead of 6



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  • ak_2006
    04-08 09:35 AM
    Please Participate in this...





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  • Maverick1
    07-29 01:12 PM
    i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p

    :D:D





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  • njboy
    04-04 03:41 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down





    gk_2000
    08-11 06:31 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.

    Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them

    We should have some criteria to evaluate the ideas. I propose (in order of importance):

    - Can be done with admin fix
    - Controversy. Would like path of least resistance
    - Addresses EB3 problem

    All are free to develop upon these..





    senthil1
    06-13 11:43 AM
    Impact of rule 2 will be minimal and that rule will be really used not to displace
    US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.

    Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal

    Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)

    With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR

    Correct me if my understanding is wrong.


    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...



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