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  • dkjariwala
    04-08 11:54 PM
    nyte,

    The person was on H1B visa.





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  • paulavijit
    03-17 09:08 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • jonty_11
    06-06 04:50 PM
    A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:

    LC PD - April 12 2003.
    I-485 RD - June, 07, ND - July 16th 2007.
    Filing Center - NSC
    Received RFE 5/14/08.
    Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
    6/03 received email about card production ordered.

    Congrats to all those lucky souls.
    any idea on waht the RFE was?





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  • transpass
    04-09 10:20 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.

    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...



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  • mhtanim
    10-20 03:47 PM
    McCain was in favor of two major immigration bills. I guess he has better chances to do something about immigration. On the other hand, Obama has never voted for any major immigration bill and who knows what he really will do. Also, people assume that Obama is close to senator Dick Durbin who tried to screw the legal immigrants many times. If Obama wins and Dick Durbin becomes a more influential senator, we probably will be screwed even big time.

    Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.

    However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.

    So who really is better? Anyone?





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  • yabadaba
    07-28 09:03 AM
    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    its amrit..drink of the gods...so its befitting.



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  • GC_ASP
    03-18 05:28 PM
    This is the post from Ron:

    I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:


    Quote:
    Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.

    I apologize for the confusion generated by my earlier remarks

    So whatever said in the visa bulletin makes sense.





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  • sh2005
    07-13 04:42 PM
    I wasn't going to jump in the debate on what was Murthy's intention when she published that letter. But I can't help noting something odd in the posts where some are claiming she will try to take credit later on for making this "big development" happen. We don't even know what this big development is!! All we have is a posting by the Core Group and couple of attorneys' websites' speculation. I am hoping it's will be a big positive development for us when it is announced, but right now we are counting our chickens before they are hatched and denouncing someone's intention based on speculations and guesses!



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  • gc_in_30_yrs
    07-17 10:48 AM
    Sanjay,

    I did not find Point Number 2 in their website that you mentioned here. Can you post link to it? It may be that they removed it now, or you might understood something differently.

    thanks.
    gc_in_30_yrs.



    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.





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  • smartboy75
    07-11 01:17 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....



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  • Dhundhun
    01-19 11:22 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
    Lawyer may be more knowledgable, but here is pointer to User Manual.

    http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

    Read page number 106 (Legal limitations for copying).

    After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

    Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

    This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
    This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

    There is some discussion here http://boards.immigration.com/showthread.php?t=129660





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  • PresidentO
    11-13 02:28 AM
    Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.

    The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.

    if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.

    Just an F Y I, I havent read all 5 pages of this thread



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  • anurakt
    12-30 07:49 PM
    Updated wikipedia for immigration definition
    http://en.wikipedia.org/wiki/Immigration#External_links

    Please see the external links section.





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  • wizkid732
    07-29 03:42 PM
    Never been in a dire situation??

    August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby


    poor sod! ???? No Comment :-)


    @wizkid...Nice job!! Go on and pile it on the poor sod!

    You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

    @uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

    I wish you all the best and Take care!



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  • GCKaMaara
    04-08 09:26 AM
    A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!

    When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.

    Makes complete sense.





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  • gc28262
    08-12 04:19 PM
    Such is our seriousness, the thread barely started it was at the bottom of the list just awaiting its natural death. Whereas the most meningless threads are at the top of the list. If people can not EB3 backlog seriously then i am sure they don't deserve any GCs.

    Don't be disappointed.
    We are focusing on another thread right now.
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html

    Please post your ideas on this thread.



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  • kumarc123
    06-11 10:31 AM
    OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America



    It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)

    and send the message out


    Please post this link on other forums and mail to friends asking them to join this action item.

    Sent.

    Thank you for your hard work.





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  • new_horizon
    10-23 12:40 AM
    my detailed post went missing:mad: ...dunno why nojoke edited it out :D.

    to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).





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  • sandiboy
    07-23 05:22 PM
    So does my lawyer per the FAQ she sent earlier:

    Q9: My adjustment was already filed. Do I have to re-file now?

    A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.





    qasleuth
    05-26 05:50 PM
    Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.

    I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.

    Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").

    BUT... it needs guts to do that, not sure if you fall in that category.


    It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.





    logiclife
    01-30 03:14 PM
    1. Pay H1 costs (including petition and attorney fees)
    2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
    3. Refund of H1 costs after completing 6 months on project.

    1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.

    2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.

    3. If you are paying for H1 (which is really not legal) what would you refund them?

    So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.



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