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  • newtoearth
    05-03 12:14 AM
    ...





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  • ramus
    07-03 04:29 PM
    I digged it..

    Lets digg this please..





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  • nixstor
    07-03 09:24 PM
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.


    Excellent,

    I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.





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  • gc4me
    02-13 01:11 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    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.



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  • vikki76
    01-13 05:38 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.
    Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.





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  • Imigrait
    06-13 12:22 AM
    look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.

    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.

    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.

    So brace for the change because the times are a changing...

    can't believe lahiribaba you're still waiting with those PDs



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  • breddy2000
    09-04 12:57 PM
    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.


    True Facts have Guts to reveal yourself..... We know that you have compromised on personal details about IV members....This is insane I say.....





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  • Jerrome
    09-15 12:47 PM
    How did you say that are Only EB2+ EB3?

    What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.



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  • ingegarcia
    10-09 04:17 PM
    I am another person of TN1 to GC.

    TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).

    TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).

    As far as I know one who holds TN visa cannot apply for Green Card. :)





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  • ashshef
    10-21 01:55 PM
    Looking at approval data, i see EB2-India approvals continuing with many recent approvals from Jan 2005. Leading me to believe that most of the application current will be approved by Nov 2009 and we should see +ve movement in EB2-India date to March 2005 in Dec 2009 Bulletin.

    I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
    Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.



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  • caliducas
    07-24 07:12 PM
    a) Now you can pay for 80% of the list you mentioned using Internet and e-seva kendras

    b) With Right For Information act you can drag people to thier knees if someone asks for bribe.

    d) You can have to see the move Die Hard 4

    e & f) what about the products here from China

    g) Well it depends on the kids


    Actually, It's not any different from latin american countries. I'm from Venezuela. My sister is in India right now and she says that she's having problems with power failures, flooding in the area where she lives, and other problems. That's not any different from our country when we don't have water for hours almost every single day, plus everything that has been said here that is inconvenient.

    So I would say like others have said in this forum. Think about your kids and the future of your family before making such an important decision since it's not only about us.

    Good luck everybody with your GC!!!





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  • kumar1
    07-11 01:10 AM
    Well, there is just one crieteria, work your ass off and get 40 points.



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  • vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?


    By september 2010 EB2 India will surely enters into 2006.





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  • ita
    04-16 01:08 PM
    When Gadnhiji advocated secularism for India he did so because he believed in "Sarva Mata Sama Bhava"(The equality of all religions in which most of us believe).

    When religious conversions are made fundamental right as per constitution the word 'Secularism' became a farce.A farce used by religious groups (that use either terror/deceit,abuse for conversions) and also by Macaulian Indians

    (Today in India Hindus&others are 70%,Muslims 20%, Christians 10%)

    Once the head count , behind which most of the religious groups are running is reached , once the figures are toppled then the mantra will be dominate and destroy(as what happened in rest of the world be it Latin America or else where, stands as example), not secularism which will be reduced to joke by then.

    Read this interesting article about Modi

    http://www.dnaindia.com/report.asp?newsid=1248155

    www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.



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  • shana04
    10-15 03:11 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Amen! I wish your predictions come true.





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  • _TrueFacts
    09-08 10:34 PM
    Never ending tales of a factionist CM in a democracy: Anti-media Government Order.

    The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)



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  • mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC





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  • samay
    07-30 04:24 PM
    Hello Samay,

    First of all thank you so much for answering my questions.

    In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.

    My labor(PERM) has been approved & I-140 is in process at TSC.

    My question is
    This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

    I am getting paid as mentioned in LCA i.e. $55K.

    I will greatly appreciate response.

    Thanks.

    Both these are separate processes and note that the I-140 is for a future job.So relax.





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  • jchan
    07-25 10:55 AM
    IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.

    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move





    vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





    kbsyed61
    06-01 04:45 PM
    Here is the official information on SS benefits while living outside USA.

    http://www.socialsecurity.gov/pubs/10137.pdf

    Per this rule, Indians are eligible for SS benefits while living in India (at the time of claim), if they have lived in US for 10 years or have 40 Social security credits (That is 10 years of SS contribution.).



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