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  • gc28262
    01-18 10:19 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.

    When did you get your GC ?





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  • chantu
    05-01 04:18 PM
    Guys do not get deceive by CON/UPA govt raising voice for Sikhs in Pak. They raised it because the next phase of elections will be held in Punjab, Himachal, Delhi and Haryana where there are significant Sikh population. CON/UPA govt does not care about Sikhs. They want to cover up for the mess they created because of Tytler issue.

    Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.





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  • mheggade
    07-22 12:18 PM
    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.

    Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.

    They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.





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  • Mr. Brown
    08-16 12:41 AM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.

    While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    As far as the software goes clearly their programmers suck. They sure could use some help from the more efficient H1B's.



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  • gdilla
    07-11 01:51 PM
    And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • shukla77
    05-29 03:05 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


    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture.



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  • needhelp!
    09-23 05:01 PM
    FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
    We will have all the time in the world to discuss the details.





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  • BharatPremi
    12-13 04:43 PM
    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?



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  • Googler
    02-15 01:49 PM
    Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

    http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in

    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.





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  • anai
    06-28 03:38 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    So, what did your lawyer say? Would sure love to know, once you hear back.



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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...





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  • Legal
    07-23 12:32 PM
    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.

    I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.

    Wishful thinking? May be. But everything points to above.



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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...





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  • ita
    04-20 05:13 PM
    Modi did a fabulous job at ripping the congress candidates apart this time.
    Apart from feeble retorts from Priyanka no sound came from other members.Funny Rahul Gandhi,touted to be future PM by the party was ducking for cover with 'I don't react' statement repeatedly.

    One funny instance:

    Congress wanted to make youth a selling point.
    Modi was like OK and then he goes 125 year old(budiya) Congress is not able to understand the problems of current day India.So vote for 30 year old BJP.

    In response to this Priyanka did the most dumbest thing, she goes about asking Media folks and Amethi people if she looks old?(kya mein budiya lagti hun?) Do Sonia,Rahul look old ,thus playing directly into the hands of opposition.

    BJP said when we are talking about Congress party these people are talking about their age.So Congress is Mataji,Putri,Putra(Mother,Daughter,Son).


    This one is quite interesting...........
    ----------------------------------------------------------------------------------------------------
    NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
    candidate only of the Gandhis and not of the entire UPA.

    "Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.

    "Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.

    Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.

    Modi also said preferably the prime minister should be an elected one and not nominated.

    "Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.

    He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."

    "Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.



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  • Macaca
    01-18 08:48 AM
    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?





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  • gcfriend65
    06-26 01:53 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15. Therefore, they mentioned as a footnote in the Visa Bulletin that DOS will retrogress numbers in September 2007. I again quote below:


    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Reference:DOS website.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.



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  • suriajay12
    09-24 07:59 PM
    congress or the president or USCIS is not going to come and physically check whether you are staying in a house or apt ..and it is not that the original suggestion will become a law in the exact terms (I cannot imagine that there will be a law saying that only those who buy house with 20 down will get GC) ..i.e. the purpose here is to show the giving faster GC's to people who are waiting since 8 years helps the economy in some minute way. and the reverse (i.e. to make a highly paid immigrants wait in line for 8 - 10 years) does not achieve anything !! ..INFACT if there are lot of job losses and if those who are here for 8 plus years start to go back (with their bank balances) ..THEN there will be measurable losses for US ..because the IT person not only takes one job to China, India or some other place ..but also trains lot of youngsters in those places and who end up taking more jobs away ..a BIG loss (plus buys house there, pays taxes, services there) (but I guess politicians are too selfish to see that !!).
    it is as simple as that !!! i.e. give people faster GC's and it helps the US ..make them sweat and keep them in limbo does not achieve anything...will it work God knows ..but it is worth trying since nothing else is happening and soon if things worsen then the GC will be meaning less for many.
    Also, In the end ..if we do go back ..then atleast we will have the satisfaction that we tried everything ..
    ----------
    on unrelated thoughts ..this wait really sucks ..for me it is almost 5 years since I applied for GC and I cannot even imagine how the people who applied in 2001 / 2002 feel.
    -------- and on related point ...don't rush to buy houses if u don't have a GC (actually this makes sense for those on GC too) ..here is a point from an article by Meredith Whitney who sort of became famous after making some correct forecasts.. this article was written today.
    -------
    Whitney said home prices were not close to bottoming and expects prices to ultimately be at least 25 percent lower from current levels. She also sees further declines in homeownership rate.

    The unemployment rate, which is up over 40 percent year-on-year in key states, is "headed materially higher," Whitney said.

    Albert,
    I agree with you.. We need to make the points clear, point wise too. A big letter.. some points may be missed.

    Plusses:1,2,3,4.....
    Negatives:...





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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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  • eastindia
    10-15 03:42 PM
    proengineer why did you create a new profile to post this?
    Why are you marketing a lawyer?





    TeddyKoochu
    09-15 11:36 AM
    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.

    Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.





    vdlrao
    07-24 09:40 PM
    I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.



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