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  • villamonte6100
    02-18 02:13 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Congratulations!!! I think you really did a great job.

    But what we are discussing here is class action.





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  • unitednations
    02-17 11:47 AM
    This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.

    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.


    If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.

    There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.

    In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.

    Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.


    From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.

    One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.

    Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.

    You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.

    This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.

    Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).





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  • sath2000
    07-17 04:33 PM
    Hi,
    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.

    thank you





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  • rick_rajvanshi
    05-25 11:21 AM
    Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?


    Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.

    start here http://www.cic.gc.ca/english/immigrate/index.html



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  • chanduv23
    06-26 12:36 PM
    What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D

    Isn't it??? ;)


    Mid month retrogression is possible acc to Murthy but that may not happen in July

    Everything is a speculation here. USCIS is the winner - always keeps us guessing.

    Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.





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  • NKR
    02-15 06:34 PM
    probably true but because most of them are on H4 which means someone else in their family is H1.

    what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?



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  • rbalaji5
    03-30 02:29 PM
    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.

    We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -





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  • vroapp
    07-10 11:27 AM
    :-)



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  • AirWaterandGC
    05-11 04:39 PM
    If I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.





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  • greencard_fever
    07-25 11:40 AM
    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..

    Hello Gurus!!

    We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?

    Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?

    OR

    Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?

    Any other thoughts from any one?



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  • kshitijnt
    04-01 07:59 PM
    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.

    So if stop discussing this thread, will they join us?





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  • Macaca
    01-17 09:25 AM
    Anti-immigrant racists are closely watching this forum.


    These US born donkeys - Dustbin, Gr ass ley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their A-S-S.

    Every time someone asks them to do something, they flash the USC on their ass.

    It worked a couple of times at welfare. After that, and at all other places, everyone U-R-I-N-A-T-E-S on their USC.

    as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals.

    Janet Napolitano and Hilda Solis Memos cannot stop anyone from unrinating on these thorough bred US born A-S-S-E-S.



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  • polapragada
    09-24 12:12 AM
    I like this idea. And will support it. ANd write the E-mail





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  • blacktongue
    01-14 10:11 AM
    He was member 2006 onward. Did nothing. Wasted time.
    Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also


    You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.



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  • PavanV
    09-04 01:37 PM
    Have you folks seen the movie Magadheera, one of my friends showed it to me, awesome movie i must say :cool:





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  • somegchuh
    09-06 02:22 PM
    We applied for canadian immigration in 2002 but didn't have to provide the IELTS results. Things might have changed since then.

    We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)



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  • dvb123
    02-16 02:22 PM
    I think this discussion is enough. The ratio of persons wanting to file a case agains't USCIS is more than 85% . The poll never reduced to less than 85% even after a lot of members were added at different intervals.

    We need plaintiffs. People who have been working for fortune 500 companies or govt organisations or non profit organisations or university research or commercial research organisations will be the best fit because they will have a clean immigration history? I think we need a seperate thread for plaintiffs or a seperate group. What do u guys say? Somebody can also contact AILA also about plaintiffs. We may need to start a seperate thread or seperate yahoo group for plaintiffs.





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  • HumJumboHathuJumbo
    09-23 04:57 PM
    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.



    the new law should decide that... the discussion is open...

    It should be under EB5 category since its an investment. How do you go from being a qualified skilled worker taking a job in US because no US ciitizen is available, to being qualified to buy a house?.





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  • alisa
    02-13 07:09 PM
    Man this is complicated. I agree with you.

    Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.

    This is not a legal issue. And this is not an issue of morality.
    This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.

    As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.

    What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)

    Lets see how long it takes before I have to reiterate this point. The clock starts now.

    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....





    pankaj_singal
    05-31 05:52 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.





    PlainSpeak
    01-13 12:43 PM
    Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.

    MC
    If wishes were wings, pigs would fly