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  • akred
    06-12 12:04 PM
    Now to prove my point that we had all of today's similar issues then. Here is my after GC post.

    http://forums.immigration.com/showthread.php?t=84252

    I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.

    Peace !!

    You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.





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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.





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  • cs.0
    05-29 03:20 PM
    hi friends,

    My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.

    Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.

    regards,
    chethan





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  • ashutrip
    06-26 01:57 PM
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(



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  • GCOP
    07-24 11:33 AM
    We appreciate your nice prediction and Good Wishes. I hope your words will turn into truth. Thanks
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D





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  • sachug22
    10-07 05:10 PM
    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.

    My numbers

    EB1 all - 17K
    EB2 ROW - 22K
    EB2-I 30K
    EB2-C 9K
    EB3 all - 40K
    EB4 all - 7K
    EB5 all - 7K

    CP - 8K

    I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)



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  • coopheal
    01-14 08:13 AM
    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?

    Comments like these are just giving fodder to anits. Then they take comments like these and frame them in "out of context" way to put unfair restrictions on all of us. Recent example is how BW had used parts of IV threads to justify killing H1B and GC programs.





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  • yogi13229
    07-08 03:10 PM
    I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:

    1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).

    2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.

    3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category

    4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485

    Thanks
    yogi



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  • DSLStart
    09-23 11:44 AM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.





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  • venetian
    05-12 04:04 AM
    Come on guys

    Why there is so much name calling

    I read the entire forum postings to get a perspective. I might quote from most of the participants.

    Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.

    In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,

    Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.

    As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.

    We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.

    Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?

    Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.

    A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?

    PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India

    Nandakumar,

    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?



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  • praveenuppaluri
    09-03 11:27 AM
    I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.





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  • a.j.2048
    12-13 10:39 PM
    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.

    Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/



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  • logiclife
    12-14 04:58 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:

    Well, I agree with your argument when it comes to diversity lottery visas. Or Family based visas. Because those green cards are not given based on any merit, education or employability of an individual. They are just given away to anyone whose relatives sponsor (family based) or whose country doesnt send enough immigrants here in USA and add those country's citizens adds diversity.

    However, in employment based immigration, 140,000 green cards are given each year because those 140,000 individuals have been sponsored by their employers for a job for which no US citizen is willing qualified and able to do and the employer finds it worth it to go thru hassles of dealing with immigration in order to retain this employee. The employers dont care whether the employee is Indian, Chinese, Brit or South African. The government too, is not giving this green card because someone is Indian or chinese. The employer wants individual to fill a position, the government agrees to it - up to 140,000 a year - and that's where it ends. Therefore, in such benefit, where the ONE AND ONLY REASON for green card is EMPLOYMENT, why should employee A born in India wait for 10 years but employee B born in South Afria wait for 2 years even though the reason for both employee A and employee B for getting the greencard is the same - EMPLOYMENT.

    Are you saying , based on your theory that there should be 7% per country limits in hiring too - that all these corporations, when they hire non-citizens, should keep one country's immigrant workers capped at 7% ? Should Microsoft, Cisco and Oracle fill all jobs and sponsor all greencard at rate of 7 % per country? Are you also going to complain that there are too many Indians in Microsoft and large software corporations and Indians have "monopolized" that profession? Or that Vietnamese and chinese have monopolized the nail-salon and dry-cleaning business? Do you even know what a monopoly is?

    By the way, if the congressional intent was the keep diversity intact even in employment based immigration, then how come there is no per-country ceiling on H1 and L1? On H1 there is no per-country ceiling. So its ok to be disproportionate when you bring people into the country from outside (using H1/L1), but when the same bunch of people apply for green cards, there are different queues for different countries and your wait time depends on where you were born? What kind of nonsense is that?

    All due respect, your argument is baseless and stems from the fact that you love the idea that you are personally benefitting by being in ROW.

    There are plenty of ROW members who have supported the idea of removal of per-country ceilings, who have walked with me to congressional offices asking for parity and who have marched in DC.





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  • swamy
    12-13 01:14 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.

    I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.



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  • chanduv23
    03-16 01:07 PM
    Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)

    Do verify this with a good lawyer.





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  • sammyb
    02-14 01:53 PM
    to close this thread and/or change settings so that no further new posts allowed... We have had enough on this ... it is now better to rest this topic in peace...



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  • whoever
    02-14 01:11 PM
    what are cir timelines. it seems march 15th is lobby day. i read from aila.org recent postings.





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  • JazzByTheBay
    07-03 07:05 PM
    Posting here as asked by Pappu:
    ------
    Hi Jessie,

    I am contacting you today regarding the recent chain of events concerning employment-based immigrants.

    I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.

    Some Facts:
    - On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)

    - Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.

    - Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
    1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
    2. Advanced Parole: Allowing applicants to travel freely.
    3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.

    - Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)

    - Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
    http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)

    In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!

    - The fact that a Visa Bulletin gets updated mid-month is unprecedented.

    - The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!

    - The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.

    - Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.

    - Here's a Press Release from ImmigrationVoice.org:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)

    - Also of interest, the following blog post by immigration lawyer Greg Siskind:
    Full-Blown Scandal
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)

    - Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)

    - Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
    Legal Workers Lose Chance at Green Cards
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)

    Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)

    Thanks,





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  • Macaca
    07-04 11:04 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!





    sodh
    03-19 12:42 PM
    why do you think labor substitution would increase the backlog?
    My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.





    GCVictim
    08-25 04:14 PM
    Dear Immigration Attorney,

    My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.


    If she comes with renewed AP, Will that effect anything with I-485 file?