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  • maximus777
    06-05 03:26 PM
    There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.

    I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:

    I know, I can only wish! :rolleyes:





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  • ujjwal_p
    10-15 05:38 PM
    If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
    So, in just two years, every category should be current. Lets not scratch our heads.

    Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.

    Otherwise our math will always be different from DOS/USCIS math on visa dates ;)

    Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.





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  • alterego
    12-19 03:47 PM
    Looks like this issue is finally getting some attention in both the lobbysphere and in the legislature. I was pleasantly surprised to see this on the yahoo techticker.
    It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
    We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.





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  • hiralal
    05-29 10:41 PM
    as always we need to highlight the benefits of Legal immigrants ... how do we do that in the present scenario ..once we answer that ..we can build a campaign on that ..DOES ANYONE have a answer ?
    -----------
    my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!
    look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!
    ------------ anyone has a better campaign ..do reply



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  • nozerd
    05-13 10:21 AM
    If the Judge things your staying out was unreasonable, PR will be cancelled and you will be asked to leave the country. If you do not leave the country voluntarily you will be deported.
    I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.


    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.





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  • akred
    09-23 12:11 PM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    A better justification would be that doing so will avoid bringing new supply on the market from people moving to their native countries.

    FWIW, the home I bought in 2001 is paid off, but I wouldn't mind buying another one if this comes through.



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  • newtoearth
    05-03 02:05 AM
    ...





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  • samay
    07-14 06:37 AM
    Hi,
    My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
    Thanks.

    NO because I-140 is essentially an employers application.



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  • eb3_nepa
    06-27 11:40 PM
    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.

    Logiclife,

    I agree with what you say. However I dont see any evidence on the USCIS/DOS website that says that USCIS/DOS CANNOT change the dates mid-month either. THAT part is worrying me (and everyone).





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  • reachinus
    07-28 09:56 PM
    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?

    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.



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  • Desichakit
    07-24 07:33 PM
    Ever Since August Bullitien came out Ron has posted not to raise any hopes





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  • redcard
    02-19 04:22 PM
    Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.

    I don't know if any US MS will go through EB1.

    What you are talking here is the Eb1-EA category.. and not the general EB1 category..

    The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

    It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

    That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..



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  • chanduv23
    05-18 08:31 AM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.

    If you talk to a Sri Lankan tamil - they are under the impression that Sinhalese people are barbaric and we cannot live with them in peace. If you talk to Sinhalese they say the same.

    The thing is - it is difficult to change people's views and opinions. The whole thing about history and religion and discussing what people did thousands of years back and why people are killing now and linking things is just an example of how a human mind is oriented.

    We can clap only if two hands join. If one part seeks peace and the other does not - then it is not as easy as we all preach.

    Lets take the example of how difficult it is for us to get any legislation passed to help clear our backlogs and resolve our issues. Now, why is it so difficult? It is not because the system is noy good - no one other than US who suffer will agree the system is not working. If you step into the shoes of someone from the other side - you will realise that - things are not easy, especially to deal with Beurocracy.

    Will things change? Lets hope for the best - let us atleast do our part by inculcating love and good heartedness in our next generation - let us not tell them - "in history such thing happened thats why I have this opinion and you must also have the same opinion"





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  • reddymjm
    09-23 03:42 PM
    Markus.Rose@mail.house.gov,
    Committee@mail.house.gov,
    Larry.Lavender@mail.house.gov,
    Philip.Swartzfager@mail.house.gov,
    Dave.Oxner@mail.house.gov,
    Michael.Staley@mail.house.gov,
    Scott_Hoeflich@Specter.senate.gov,
    Thomas_Dower@Specter.senate.gov,
    Lisa_Owings@Specter.senate.gov,
    Matt_Kelly@Specter.senate.gov,
    Sheryl_Cohen@Dodd.senate.gov,
    Rebecca_Freedman@Dodd.senate.gov,
    Jim_Fenton@Dodd.senate.gov,
    Patrick_Grant@Dodd.senate.gov,
    Lori_McGrogan@Dodd.senate.gov,
    Alex_Sternhell@Dodd.senate.gov,
    Laura_Friedel@Shelby.senate.gov,
    Emily_Titlow@Shelby.senate.gov

    Chad_Davis@Shelby.senate.gov,
    Peter_Olson@Cornyn.senate.gov,
    Beth_Jafari@Cornyn.senate.gov,
    Reed_O'Connor@Cornyn.senate.gov,
    Cynthia.Martin@mail.house.gov,
    Matt.Thome@mail.house.gov,
    Melody.Light@mail.house.gov,
    Ed_Pagano@Leahy.senate.gov,
    John_Dowd@Leahy.senate.gov,
    Bruce_Cohen@Leahy.senate.gov,
    Bill_Yeomans@Kennedy.senate.gov,
    Carey_Parker@Kennedy.senate.gov,
    Eric_Mogilnicki@Kennedy.senate.gov,
    Stacey.Leavandosky@mail.house.gov,
    Erik.Stallman@mail.house.gov



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  • mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC





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  • ivar
    08-15 03:27 AM
    -- Deleted ---



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  • indio0617
    05-11 10:04 AM
    nozerd:

    I just sent you a PM. Can you check ?





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  • visves
    06-27 09:13 AM
    I think the point some of the attorneys are trying to make is that there were quite a number of extra visa numbers available (close to 40,000) apart from the normal visa numbers available for Jun, July, Aug, Sep. Unless the number of approvals come close to the total visa numbers available, there is no reason for CIS to arbitrarily move the date backwards. You were right in saying that there were a number of approvals in June, but I highly doubt they even came close to the extra numbers available. All the attorneys are trying to say is to not consider the number of applicants from the equation of trying to predict priority dates.



    USCIS had approvals before dates moved. USCIS knows the number of such approvals.

    These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.





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  • snathan
    08-17 12:40 PM
    It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.

    SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.

    I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?





    ita
    03-29 10:11 PM
    (Though I would also like to see this forum used only for immigration matters..)
    Thought of adding in few more points..

    So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:

    One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
    One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
    One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
    One who overlooks the murder of Swami Laxmanananda Saraswati.
    one who set's up conversion camps in Tirumala.
    All of them state sponsored.

    (On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
    It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
    Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)

    Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.

    All other candidates in the above poll will surely give some what better performance than this if made PM.

    For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
    Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.



    I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.





    Legal
    07-21 10:32 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
    Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.

    I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.



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