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Thursday, June 30, 2011

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  • aranya
    12-14 04:13 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!

    Dakota Newfie

    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:

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?





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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • alisa
    07-03 11:33 PM
    Dear Senator XXX,

    USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
    At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
    Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
    However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.

    How did this happen?
    USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.

    Please see this:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    And this:
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    And this:
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg

    It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

    Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
    I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.





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  • jchan
    05-29 03:18 PM
    Well, I think the discussion is about people playing by rules are getting pushed back by those exploiting loopholes.

    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    See what happened to H1B when USCIS acted seriously about fraud? Most of the fake 'employers' or those applying H1B only to rotate people in the US got the message and really thought twice before they file a case. Result: two months from 04/01, there are still 20k H1B quota left. And this didn't even need any legislative change.

    What if USCIS starts scrutinizing EB1 cases for multi national executives? In no time they will find 50% of employee from an Indian IT firm are executives. This is not hard -- by common sense a very very small portion of employee are executives.

    Someone said we would do the same if in their position. Well they didn't know some people do have a line of morality. I am from China. There are many ways to apply refugee being a Chinese -- one child policy, Fa Lun Gong, etc. Yet I refused to do that and most of my countrymen didn't.

    If you didn't have patience to read every word of my reply, what I wanted to say is, fighting fraud and advocating more visa numbers are not mutual exclusive. We do not have to unite those who get their Green Card by fraud, because our interest are not the same with theirs.


    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck



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  • zen
    04-01 03:18 AM
    This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?





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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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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • _TrueFacts
    09-04 08:12 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Kanaka

    We should discuss JP. We should invite him to this forum to answer certain questions.



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  • gagbag
    07-11 12:55 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm





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  • alterego
    12-14 05:11 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.

    That is utterly preposterous.

    Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.



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  • qvadis
    02-13 06:44 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.

    (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....





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  • GCapplicant
    01-22 02:26 PM
    Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -

    So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.

    How many H1's the company has issued , salary matching with Tax copies.

    Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .

    This happened today a checking in NJ. All the papers should be in hand

    Its getting tougher



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  • hibworker
    09-15 02:57 PM
    Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.





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  • voldemar
    03-27 10:06 PM
    Can you please provide link for the memo.
    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm



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  • cbpds
    01-13 01:20 PM
    I am not sure why everyone is complaining but your post has quite a lot of facts as well, well written !!


    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • pointlesswait
    09-23 06:30 PM
    there is a "right" time for everything..and now is not! thats all...


    You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.



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  • ajthakur
    07-15 02:32 AM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Also is it possible that 140 was revoked by my previous employer?
    Why did they send a RFE instead of NOID in my case?





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  • Aah_GC
    08-16 12:17 AM
    Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.

    Poverty is the reality of our subcontinent, the reason Kasab took arms was out of ignorance not due to deliberate fundamentalism, even if latter were true, it is all desperation. The thousands of hungry dying people you point out might just take up arms if they had a choice to beat poverty.
    How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.





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  • H1B-GC
    02-06 01:31 PM
    I even read somewhere that once labor gets approved,Employer got to file I-140 within 60 days or so.





    aranya
    12-14 03:26 PM
    Short answer - The (30000-9800) British applicatications have to wait for 2010.





    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.