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  • gc4me
    02-14 08:22 AM
    Guys/Gals,
    Looks like endless discussion is going on here..
    I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
    Please send me PM if you agree with my view and want to go forward.





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  • JazzByTheBay
    12-13 04:31 PM
    Wouldn't you think? If we have enough resources (a membership-based IV), perhaps we could explore the possibility of legal action, perhaps even a class action (not a lawyer myself... so not sure if that's in the realm of possibility... ), against this unconstitutional statute that restricts skilled folks from certain countries on the basis of diversity.

    Diversity would be OK if folks from other countries weren't getting their Green Cards because of lack of immigrant visa numbers (in absence of per-country quota). But if each year the annual quotas of 140K aren't beint utilized, there's no rationale for restricting folks born in certain countries even though they have the necessary skills, imo.

    Overall, treating countries with a population of 1 billion and over the same as countries with a lower population than the city of Los Angeles is insane.

    jazz

    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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  • geevikram
    11-09 11:41 PM
    I would love to see how close is Sachug with his predictions once Dec bulletin comes through..





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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.



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  • hiralal
    06-12 08:16 AM
    You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

    If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

    http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

    BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

    Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

    BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

    You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
    guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
    why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
    let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time





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  • smisachu
    06-16 03:22 PM
    Dear fellow. There are various types of population segregation. If you set a high bench mark then only those capable of achieving it will come in. But in the US immigration system, the bench mark is set low and after gathering the population they are just making the flow a trickle. This is like collecting dirty water in a barrel and turning the tap to a trickle to filter impurities. If you want to filter impurities put a filter before the water enters the barrel.

    That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):

    EB1- Only PhD�s period.
    EB2A- People with Masters from US universities (STEM+MBA)
    EB2B- people with Masters from other countries (STEM+MBA)
    EB3A- People with Bachelors in STEM
    EB3B- People with Bachelors (Others), and so on.

    Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.

    Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).

    By the way I don�t think that they are trying to filter at all. They have just screwed up.


    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.



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  • z029556
    08-14 02:26 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.





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  • breddy2000
    07-25 02:17 PM
    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.

    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......



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  • EndlessWait
    12-15 09:32 PM
    Can we ask Congressman Barney Frank(House Financial Services Committee Chairman) and Congresswoman Zoe Lofgren to look at this. Can IV get an appointment with them.

    Immediate GC for pending EB applicants, if they buy house.





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  • reddymjm
    09-25 06:33 AM
    Even though enactment of the visa recapture and nursing relief bills within the 110th Congress was slim, the foreign professionals watched the webcast of the hearing yesterday with a tremendous despair, adjourning the hearing without taking up these immigration bills. Guess what the last word of the Chairman was: Photo session of the Committee members on the 24th! It is gone, gone, and gone. No more glimmer of hope within this 110th Congress.



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  • boreal
    05-29 01:42 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





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  • SunJoshi
    12-31 07:30 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.


    logic,

    Is there a way you can find out some contact info of the writer? maybe we can ask his help



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  • manderson
    02-15 12:20 PM
    Type "retrogression" in Google search bar - when the results page shows up, look at the right hand side, there under the Sponsored Links you will see IV advertisement and link.

    Looks pretty cool. GO IV!

    when did you check?





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  • srkamath
    07-23 03:10 PM
    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

    The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.



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  • jchan
    07-25 12:09 PM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.





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  • harikris
    05-28 11:10 PM
    This is precisely not what i wanted to hear.
    It puts a damper on hope.
    Now we have to hope against hope to see any movement forward.
    There are only 3 ways i can see for improvement
    1. Legislation
    2. New legislation
    3. And fast legislation



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  • Kodi
    05-25 01:11 PM
    This is very true. When your passport is from a 3rd world country they give you such a hard time.





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  • gc_on_demand
    09-17 11:24 AM
    On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.

    Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.

    Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.

    IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.

    Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.

    Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.





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  • unseenguy
    06-16 06:51 AM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.





    small2006
    08-18 06:41 PM
    You are so wrong here...its not about growing balls or Americans getting frisked in Indian airports.

    It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.

    When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.




    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?





    gc28262
    07-27 02:43 PM
    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.

    I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.

    Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.



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