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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.





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  • rghangrekar
    02-13 10:26 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.





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  • reedandbamboo
    05-29 04:08 PM
    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


    I agree! So lets compile a report of EVERY inefficiency/inaccuracy in the US EB1/2/3 system and send it to the media, congressmen/women, the President, etc? I volunteer to write if you'll good folks crunch data.





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  • vamsi_poondla
    02-14 12:06 PM
    I do not support law suit for two reasons,
    1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
    2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy

    I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.

    You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.

    I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.

    Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.

    I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.

    Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.



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  • akred
    02-18 08:50 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??

    I find in this situation, Churchill's speech has a more dramatic impact.

    http://www.churchill-society-london.org.uk/LngHrdWr.html

    The peoples of the British Empire and of the United States number nearly two hundred millions ...
    have more wealth, more technical resources, and they make more steel, than the whole of the rest of the world put together.

    Substitute India and China for the British Empire and the United States, and reflect on how soon the 3 criteria will be met.





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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

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

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.



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  • abhijitp
    07-03 08:17 PM
    please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web





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  • GCwaitforever
    01-23 05:34 PM
    If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.

    I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.



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  • sc3
    09-23 04:16 PM
    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation


    I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.

    If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.





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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..



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  • webm
    10-02 11:50 AM
    Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance

    From Murthy.com Article:

    In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
    �MurthyDotCom
    If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
    ---------------------------

    It should be a doable process provided all the required proof/documentation..





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  • aps
    09-23 02:57 AM
    IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.

    Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.

    aps



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  • Legal
    07-23 12:28 PM
    I am estimating around 75K EB2 AOS approvals this year. Please check my analysis here. The analysis is based on statistics, testimonies, and spill over from FB to EB as estimated by Ron Gother. The analysis was couple of months old. I believe it still stands.

    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.

    In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.

    Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.


    There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.

    Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.

    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.





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  • unitednations
    02-13 01:10 AM
    I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.

    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.



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  • bestia
    02-13 11:44 PM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
    ....

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?





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  • breddy2000
    09-04 12:45 PM
    so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:

    No point in agruing with fools like you.....



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  • unseenguy
    08-16 04:16 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!





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  • blacktongue
    01-14 10:07 AM
    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD


    Woman period yes. Man period no.

    You man or woman or nether?





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  • tikka
    07-03 09:35 PM
    http://immigrationvoice.org/forum/showthread.php?p=98755#post98755


    Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :

    1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
    2. Violation of federal regulations and precedents.

    A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.

    The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.

    Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.





    sc3
    06-27 07:37 PM
    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p

    Please do not spread rumors, can you please point me to the rule that says so? I did not see any Immigration law saying that God's Son doesn't need a Green Card. Christ wasn't born in USA, and neither were his parents US citizens, so his chance of US naturalization comes from a path through Green Card or Asylum. I dont think Christ had a 4 year degree (recognized by USCIS), so he does not qualify for GC based on EB1/2/3 categories. He could claim asylum though religious persecution, but then I am not sure if Christianity was recognized by USCIS during Christ's time :D





    rkm
    04-28 09:36 PM
    Good News ...

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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