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  • shantanup
    03-16 05:44 PM
    Infinite_Patience_GC,

    Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.





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  • DianaSteve
    10-29 05:36 PM
    Sept 2001
    EB3 India

    LC approved April 2007
    I-140 Pending
    I-485 Pending





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  • Administrator2
    06-11 01:35 PM
    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

    Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

    Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?





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  • rongha_2000
    11-14 05:17 PM
    Does this vote gives us an overview of how the PDs might be spread out all over? From this poll, it looks like there are not many applications from Jan 2005 onwards as compared to prior to Jan 2005.

    Once that back log is cleared, things wont be as bad for the rest? What do you think?



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  • vin
    09-28 04:08 AM
    Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.

    Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??

    Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!





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  • abhijitp
    07-18 12:37 AM
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

    This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?



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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • suresh.emails
    01-21 02:41 PM
    No more crossing into USA just based on saying you are a Citizen (oral declaration).

    Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.

    Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.

    1. USA, Canada passports
    2. US passport card (available in the spring)
    3. Trusted traveler card such as NEXUS, SENTRI or FAST
    4. Secure driver's license
    5. US military ID
    6. US Merchant Mariner document
    7. One of several IDs issued to Native Americans

    So, proof of citizenship will be required for entry.

    As usual, all other citizen must carry all required documents.

    Source: USA Today January 18, 2008 news paper 3A page.



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  • pcs
    07-02 07:42 PM
    I put in $100 today to fight for our cause





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  • MDix
    03-10 03:14 PM
    I hope I have answered your question (in red). :)
    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.



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  • pappu
    03-10 04:11 PM
    I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?

    We have already made it a priority. This funding drive is happening after many months. I do not recollect having an IV drive in a long time. Thanks for leading the thread and making members active.





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  • go_gc_way
    12-28 11:50 PM
    Anybody tried timesof India?

    I have posted there a classified in timesofindia. How to make it stand out in thousands of classifieds?

    FOLKS, PLEASE EACH POST A CLASSIFIED IN A WEB SITE ... AS Pappu has urged every one, this will help 'all of us' have more members and ease our efforts. Today we are crawling to gather the required funds, only if we had many more members , it will solve all problems .. and posting free classifieds is penny less.

    perm2gc , that's right, all IV members need send a new year gift to IV core team by posting a classified in a web site that they know regionally or any other web sites that are useful to get more members .. I will change the the name of the thread as such.

    Folks please participate more actively OR come up with new ideas that can help 'us'.



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  • Openarms
    10-20 11:47 AM
    Well said... no other explaination is needed.

    Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
    Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
    If the topic posted is political, then the discussion is bound to get political.





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  • waitingmygc
    04-09 06:00 PM
    In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.



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  • waitingGC
    01-16 06:21 PM
    I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.

    Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.

    Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.

    This is a big relief for us and now its time to file taxes.

    I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.

    So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.





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  • mheggade
    07-18 04:17 PM
    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    vdlrao,

    I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
    If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.

    The break up of outstanding I485 looks like this

    India :- 64k
    China :- 47K
    Mexico:- 47K

    As per my calculation Eb3 India do not have good outlook.



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  • sprajulu
    07-01 04:09 PM
    We all should request politely to end the specific reservations.





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  • shukla77
    09-26 10:14 AM
    Wrote to editor to correct the mistake.





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  • ItIsNotFunny
    10-15 12:38 PM
    Sir, you are a senior and active IV member and i respect that totally.
    but EB3-I dates are rolling on nicely, they are already oct 01 they will cross well in 2002.
    in june 07, they were at june 03. then this mess happened in july and eb3-i was almost frozen over the entire year. now its starting to thaw..

    you must have already written to congressmen and called them up, also communicated with ombudsmen, i would say, please just wait and watch.
    i'm not eb3 but eb2 but i'd say allow older eb3 to get out of this rut.

    OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!





    nixstor
    07-05 01:35 PM
    I think IV should allow only paid members to create a new thread. Any non-paid member wants to create a new thread, then make them pay before creating one.

    Very decent idea. But Its very difficult to implement as we might have to some code tweaks. I myself am not a programmer. I remember Pappu or some one asking for PHP/My SQL help which I believe went unanswered.





    Alabaman
    10-20 10:04 AM
    Thanks gclabor07!

    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!

    Sweet... but he's going to loose... so what do you do??? Read my previous post.



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