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  • Wendyzhu77
    07-30 11:22 AM
    Apparently this guy has and aganda and is purposefully twisting the fact to facilite his own benefits. With the consulate interview list out, it's absurb to suggest CP can in anyway use even "moderate" number of visa numbers. Also, considering the fact that uscis must approve 140k EB applications each year, it is obvious they must have the capability to process at least 10k each month, or , 20k for two months. There is absolutely no reason why uscis can not use at least 20k visa numbers in the following 2 months from AOS cases.
    This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.

    It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
    We know 2005 is a lean year.
    It is likely that it will take almost a year before EB2-I dates advance beyond June06.
    Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.





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  • snathan
    09-04 03:31 PM
    apt29.
    Image of india : what are you talking abt.

    I can tell you how corrupt indian govts are from my personal experience.

    If someone dies at ur home, to get the govt doctor come and give you clearance to take the body to burial it takes thousands of rupees. Police need no less either. Else your loved one will be waiting for those ***. If you have to claim ur loved ones insurance to take care of expenses during his death, offices play u around... They just want more money!!

    I see people changing faith to get free money... its not abt faith but division in our own people. We like foreign cars, foreign made netas, foreign faiths... foreign jobs... oh #!?***

    With this happening to you if you are worried abt ur countries outside image... I have nothing to say...

    For all who are unhappy with govt in india : why dont we start a political party of our own?

    I second your thoughts...do we have the muscle and money power to take on those gundas. If no, we can not do anything. If yes, you become another group of gundas...





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  • Rohan99
    07-27 12:46 PM
    United States Secretary of Homeland Security - Janet Napolitano can help you.

    I am extremely interested in this business. Can somebody please refer me, I am in LA?





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  • voldemar
    04-28 12:38 PM
    Hello all,
    Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
    Substitution ban rule got clearance from OMB
    AGENCY: DOL-ETA RIN: 1205-AB42
    TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
    STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
    RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
    ** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change

    Check http://www.reginfo.gov/public/do/eoPackageMain



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  • smuggymba
    07-27 01:08 PM
    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    gave u green just for this statement.





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  • thomachan72
    03-27 03:11 PM
    people went to see another guy taking oath too, who caused recent genocide in Iraq.. Indian PMs are way better than that asshole. Atleast they are only corrupt and dont cause genocide.

    :mad:

    are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.



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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...





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  • Googler
    02-18 03:58 PM
    I do not understand why out of 205 people who voted yes, nobody has :

    1) Contacted an attorney with his own money if they are so interested?
    2) Nobody has agreed to become a plaintiff except Googler.

    Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.

    I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.

    Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.

    I've said this before but perhaps I'll have to say it many more times till it sinks in
    ... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)


    IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?

    For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.

    As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)



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  • unitednations
    02-13 12:20 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.

    This is a valid point of why they don't drill rest of the world down further.

    From a global perspective; if they drilled down rest of the world and took all countries and evenly divided the visas then perhaps the per country limit would be less then 1%. 100% divided by number of countries in the world and you would get less then 1%. Then any country who doesn't use up that visa would get re-allocated to other countries. Pretty difficult thing to do; I would imagine.





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  • samay
    07-14 06:51 AM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

    It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.



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  • jsb
    06-03 04:24 PM
    All that is too complicated and it shows nothing except that USCIS is incompetent.

    But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.

    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.





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  • gc28262
    01-16 09:47 AM
    I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
    Let me enjoy on potential demise of Body shopper including my ex employer. I am ready

    If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.

    Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)



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  • sc3
    09-23 04:28 PM
    This suggestion is totally unethical. This is opportunism at its worst.

    I saw a few posts that have already started carving out the law per their own conditions, and bashing people who have real concerns about any action on the bill. There was a time when real grievances by a group of people was being shut down for want of "unity". But with so many members starting these kind of threads (and the apparent lack of the "administrators" refuting such discussions), I think it is time to start individual cabals to further our own goals rather than the whole community.





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  • ilwaiting
    10-05 09:03 AM
    Check this out. http://www.notcanada.com/



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  • blueyonder
    05-03 01:26 AM
    [QUOTE=newtoearth;338494]Dear dreamworld I am an Indian (period)

    I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...

    "I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.

    Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.

    Pls refrain from posting any hate message about Tamils in this forum.





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  • alterego
    12-14 01:33 PM
    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.



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  • unitednations
    02-13 09:07 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.


    No; it is not in their discretion to suspend anything.

    Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.

    However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?

    back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.

    In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.

    That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.

    Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).





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  • PrayForEveryone
    07-10 11:45 AM
    Friends,

    Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.

    Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
    In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!

    I am moving to Australia to start a new venture!!





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  • gc28262
    01-13 08:51 PM
    Unfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.

    Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.

    Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.

    H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.





    EndlessWait
    10-07 06:36 PM
    lets get the message to congress!





    Rb_newsletter
    09-14 07:26 PM
    What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP.

    My dear friend, always you have to be hopeful, and cheerful.
    If you want to build your hope look at people who are waiting with PDs in 2009.

    This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.



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