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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.



    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed



    The law does not mention anywhere that u cannot recapture numbers.



    the law does say that the GC numbers expire if unused.

    once expired USCIS has no power to use them.

    you need to study this deeper if you want to consider a challenge.











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  • xyz
    06-27 07:47 AM
    This is what my very very high profile attorney wrote in her email to me today....



    " We have heard that there will be a visa regression the first week of July "



    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.



    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.



    I am ready to send papers for July 1st.



    Visa regression (visa dates' retrogression) does not mean that there are no visa numbers for any priority date. If USCIS runs out of visa numbers (i.e. the world-wide quota for the fiscal year) for anybody in EB categories, USCIS will stop accepting further applications. But, if I understand correctly, if mere visa dates retrogress and still there are visa numbers available for some older priority dates, USCIS will keep accepting applications in entire July month.











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  • newtoearth
    05-02 07:56 PM
    ...









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  • Pineapple
    12-14 02:27 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.



    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"



    Example: Britain, Pakistan.



    Let's say next year tons of nationals of Britain Choose to apply under EB.

    Let's say total is more than 7% of Total 1,40,000 limit.



    Is that allowed?



    Same question for Pakistan...





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  • eb3_nepa
    10-23 03:39 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?









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  • morchu
    06-05 12:52 PM
    It is very clear that there is absolutely no meaning for "quota" on 485 applicants.

    They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).



    So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".



    The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"



    I wonder why the politicians doesn't realize this simple fact yet?



    They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.





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  • ItIsNotFunny
    06-05 02:56 PM
    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.

    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.



    There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.









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  • PavanV
    01-22 05:33 PM
    Wow, you have a great suggestion for him, I am sure he took your suggestion and did the right thing, do you have a similar suggestion regarding immigration to Obama ?, if so you better let him know what you think, you seem very open minded about giving suggestions.



    Then please pack your bags and leave the country in the next flight.





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  • ksrk
    09-15 02:47 AM
    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa

    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.



    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400

    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA

    1100 LCA => 3850 GC



    Total pending I-485 in 2005 (EB2 India) ~ 8000



    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.



    ...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...











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  • Desertfox
    09-23 05:35 PM
    FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)

    We will have all the time in the world to discuss the details.



    OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?



    Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?





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  • pitha
    09-25 02:16 PM
    Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.



    A quarterly spill over is advantageous to every body in the playing field.



    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.



    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.









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  • lazycis
    02-13 12:03 PM
    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:



    USCIS Settlement Notices and Agreements



    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement



    Barahona-Gomez v Ashcroft



    CSS



    LULAC (Newman)



    Ngwanyia v Gonzalez (Asylee Adjustment Case)



    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania



    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service



    Proyecto San Pablo v INS



    Ramos v Chertoff (02 C 8266, Northern District, Illinois)



    Walters v Reno





    Settlement Agreement Signed! Details available by clicking here. --2/9/05

    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).

    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00





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  • maalelsi
    02-12 06:09 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!

    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?









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  • GCwaitforever
    02-13 02:07 PM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.



    Totally disagree with you. People do not inflate their resumes and apply for EB2. There is no need for that for many of us in the profession for more than 10 years already. Besides, it comes under immigration fraud and leads to deportation.



    EB2 India is clogged up because people who applied for EB3 five or six years ago switched to EB2 by applying with newly promoted positions and transferring old EB3 priority date.



    It all comes down to USCIS/DOL/SWA/BEC processing paper-based cases at tortoise pace and making loads of money for their employees and their pensions. Had they processed cases quickly with electronic processing, EB2 India would not be backlogged like this.





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  • hiralal
    05-29 10:41 PM
    as always we need to highlight the benefits of Legal immigrants ... how do we do that in the present scenario ..once we answer that ..we can build a campaign on that ..DOES ANYONE have a answer ?

    -----------

    my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!

    look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!

    ------------ anyone has a better campaign ..do reply









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  • snathan
    01-17 10:18 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.

    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that



    Can you just shut up and get lost....which law is saying that. give us the reference.





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  • lahiribaba
    06-13 12:20 AM
    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys



    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?



    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000



    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.



    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?



    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.



    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction



    1. Bring in low cost labor to fulfill this shortage and avoid local training costs

    2. Expand on a new idea. Green seems to be the buzzword today.



    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.





    look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.



    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.



    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.



    So brace for the change because the times are a changing...











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  • smisachu
    02-12 10:17 PM
    Not a bad point. I support this.



    [QUOTE=hopefulgc;222625]Clear up your mind for a little while and consider this:









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  • snthampi
    07-30 06:41 PM
    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance

    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc

    2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls

    3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"

    4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.

    5) Cough without closing your mouth directly in front of their face

    6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)

    7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.



    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.



    It is really funny man. I love the points 1, 4,5 & 6. If anything else doesn't bother one, point 1 definitely should. If not, everyone knows what to call that person!!!











    hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.

    I am guessing that your intention is good but the advice is BAD (to put it mildly).

    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.

    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate









    sanjay
    03-31 02:43 PM
    Here are the comments I got from people when I asked Marphad to add Modi name to the list.



    * you racist hindu bastard...



    * take this nonsense elsewhere



    * xxxxxxx



    * xxxx xxx.



    * You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.



    * ??





    HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.