Sunday, August 7, 2011

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  • sumagiri
    07-25 08:40 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.





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  • GC9180
    09-25 03:20 PM
    monthly number calculations not quarterly or yearly

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/628361-useful-links-how-visa-allocation-happens.html#post967308



    http://www.state.gov/documents/organization/87963.pdf

    from the above doc

    "9 FAM APPENDIX D, 405 NUMERICAL CONTROL"

    .... Each month a determination is made regarding the number of visas that can be made
    available on a worldwide basis. .......
    Numbers are made available in the chronological order of the applicant’s
    priority dates. The monthly cut-off dates, which are used to determine
    whether an applicant’s case is eligible for final interview, are published in the
    Visa Bulletin available on the CA Intranet site....".





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  • grupak
    02-13 03:05 PM
    Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.

    take care

    Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.





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  • fairman
    08-16 12:26 PM
    .....

    Mamooty.. who is he?
    One Mallu actor ( got national award etc.)



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  • ramus
    07-03 05:14 PM
    Thanks..
    Other members from Ohio please make a call to Ralph Regula..


    Ralph Regula in Ohio





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  • greencard_fever
    07-23 12:02 PM
    USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory

    1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.

    2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.

    3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.

    This what i am assuming by looking at the recent VB movement and GC approvals.



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  • kondur_007
    07-23 03:15 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...





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  • amitga
    08-15 04:59 PM
    There is different view to the whole story:

    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html)

    Meghnad Desai , an Indian-born economist, a member of Britain's House of Lords and the author of books on Indian cinema and globalization, joked in an interview in New Delhi that the whole thing seemed like a publicity stunt for the new film.

    "The U.S. government was an inadvertent accomplice to 20th Century Fox, which is investing millions in this movie," he said, chuckling, referring to a joint venture between Hollywood and Bollywood to distribute the film. "This was a no-no for India-U.S. relations. Anyhow, there will be no bigger story in India tomorrow. Or maybe for the next few days."

    read more at : http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html



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  • Miya Maqbool
    07-16 06:20 PM
    Hi,
    I am employed by comp A and have completed 5 yrs on my current H1B. Comp A filed for my I 140 which was approved in Aug 2006. I got a 3 yr extension on that H1B till jul 2010. However, this I 140 was revoked in Jul 2007.

    Now I want to do a H1B transfer to comp "B". Can I file for transfer till 2010 July even if the original I 140 is cancelled/revoked? Or am I eligible for only filing for remainder of 1 year?


    Regards





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  • ItIsNotFunny
    03-26 01:19 PM
    ......because you are using labor substitution.

    At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.

    This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.

    Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!

    I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.

    Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!

    I am not using, but I still agree that given opportunity you should use it.



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  • PlainSpeak
    01-13 03:38 PM
    Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.

    BTW, you don't have to respond to my post, as I will not be checking it.
    Plainspeak - From one girl to another - you have a lot of time to kill For members who did not get worked up by your post, everyone has had a good laugh! Thanks.
    You know from one girl to another if you are trying to be scarcastic please dont because you do not know how to. Just come out and say your piece and if it is appended with abuse (Well whats new with IV members)

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.Meaningless.
    Did you say the same when the flower campaing was done and let me tell you that one succesfull campaing was after of 100 failures. So for you to decide on my points as meaningless is your right to do so and yes even say it out aloud in the forum (To get some laughs at my expense. I donot mind hey it is a free country). What can i say. An effort is an effort and there is no belitting it. Conceit whaaaaa wheeer wheeenn Ok i will let it slide...............

    BTW, you don't have to respond to my post, as I will not be checking it. Oh
    but i do because whether you check it or not i wil lreply back becasue here on a forum an answer is a sign of respect





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  • chanduv23
    06-28 08:56 PM
    Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August

    Is there anything we can do at this time - probably nothing unless such thing happens.

    Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?



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  • tikka
    07-03 11:35 PM
    Tikka,

    Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
    Thanks

    Ams

    the more we digg the more popular a story gets and will receive media attention... we already have stories on
    ny times
    forbes
    see media thread for more info....

    Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.





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  • Kodi
    05-02 03:07 PM
    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?



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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





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  • amitjoey
    07-03 05:47 PM
    http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
    JURIST@law.pitt.edu



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  • sukhwinderd
    05-25 12:07 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.





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  • bskrishna
    07-23 11:46 AM
    I have seen nos upto 25k per month. So depends on how many resources are working on this as to the naturalization apps...





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  • cal_dood
    07-24 07:55 PM
    No offense buddy. I am sure these are all valid points. We've all had similar experiences.

    But I always find it ironical...you read blogs on cnn-ibn by Indians, who say 'I'll leave this country if Sonia Gandhi becomes PM/ if Mayawati becomes PM/fill in the blanks". Then you read posts here about people ready to go back to India, or go to Canada. The funniest ones are who say "I love my India" and then start a thread about how to emigrate to Canada/UK/Australia/NZ. So basically it is "anywhere but India" ?

    It's always a tough decision to emigrate to another country. I wonder if people also take into consideration the politics in US, the war, the biased media in this country when making this decision - or is it just about $$$$ ?

    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!





    hpandey
    05-01 04:59 PM
    Who told you this...do you know the history and are you sure the tamils are not opressed by the SL govt. Read the history before you make the comments.

    By the way I am not supporting the LTTE. Here the question is should Indian govt support the civilions or not. Given a chance the SL govt wants to wipe out the entire tamil community. Do not think it will not happen to you/us here tomorrow.

    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.





    oguinan
    02-15 08:19 PM
    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

    The two paragraphs following the one that you just quoted read:

    2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.

    3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.

    According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.



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