Thursday, June 23, 2011

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  • perm2gc
    01-11 03:12 PM
    http://discuss.ilw.com/eve/forums?a=tpc&s=691603441&f=902603441&m=53410452831&r=53410452831#53410452831

    http://www.visaportal.com/forums/topic.asp?forum=18&topic=191





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  • chmur
    09-10 02:37 PM
    As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.

    I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.

    If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.

    If they open the flood gates and let more applications to come in then this NET reduction is not possible.





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  • no538
    06-06 04:16 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.





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  • uma001
    10-01 10:04 AM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...

    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
    f your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..

    Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
    getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
    you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
    one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.



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  • seahawks
    01-28 11:36 AM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.

    Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.





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  • malaGCPahije
    12-10 03:57 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.

    every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).

    I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.



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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • Jbpvisa
    07-12 11:02 PM
    We Expect Honesty and Consistency by the Agency Created to Provide �Service�

    We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.

    There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.

    U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies

    We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?

    Request is that You Step in to �Right this Wrong�

    Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:

    - Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).

    - Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.

    - Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.

    - Take all necessary measures to avoid any possibility that a similar event could occur in the future.

    We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.

    Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.

    Yours truly,


    Sheela Murthy
    President and Founder
    Murthy Law Firm


    Cc: Emilio T. Gonzalez, Esq.



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  • sundarpn
    01-18 11:45 PM
    off topic. Since you went to get yout visa stamped, was there any dealy due to the new PIMS verification system?

    Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?


    thx


    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





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  • imh1b
    03-12 11:47 AM
    Dude,

    Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
    point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.




    Thank you,

    Why don't you do something yourself and show everyone how bright you are? I am guilty of not donating. But at least I do not criticize as at least IV is there for us.



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  • desi3933
    02-12 08:24 AM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
    .....


    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.


    I think it is important to understand and read what is being said.


    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.





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  • Sandeep
    02-08 09:16 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
    So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
    -FBI speeds up its operation?
    -USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
    Since you are more knowledgable on this issue, please post
    1. Description of the process and the reasons for the delay
    2. Solutions that you think we can propose
    Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.



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  • mmanurker
    10-16 02:03 PM
    Count me in EB3 - India PD: 12/2003
    140: RD: March'23 2007 and pending......@ NSC
    485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC

    IV Contribution: $300





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  • chanduv23
    09-28 09:59 AM
    The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.

    It is very obvious that America is still the best place in the world.

    300k green card petitions in July itself says how much people want to be here.

    But when it comes to supporting our cause, many people just back out.

    I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going



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  • sbabunle
    01-01 10:36 AM
    Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?


    There is no problem, but the only thing is that USCIS may not honor your original Priority Date.





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  • ashwin_27
    02-08 05:32 PM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.



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  • sri1309
    12-12 06:43 AM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Kumar,
    We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
    But not in my case. Doesnt look in Kavita's case or many others, as I see.





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  • kaisersose
    03-07 10:54 AM
    AC21 is simple and requires nothing from the new employer other than the offer letter.

    Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.

    However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.





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  • tonyHK12
    02-17 09:57 AM
    Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.

    This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.





    chanduv23
    09-27 10:12 AM
    A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.

    Please share some more info if available. Lest discuss pros and cons





    coolmanasip
    03-10 01:05 PM
    Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....



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