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  • dealsnet
    09-04 01:45 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.

    How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.

    So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?

    Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.





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  • sanjay
    03-31 02:43 PM
    Here are the comments I got from people when I asked Marphad to add Modi name to the list.

    * you racist hindu bastard...

    * take this nonsense elsewhere

    * xxxxxxx

    * xxxx xxx.

    * You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.

    * ??


    HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.





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  • needhelp!
    09-23 04:04 PM
    I just finished sending the emails one at a time with a little customization.

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw





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  • kondur_007
    01-13 09:25 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:

    This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...



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  • conchshell
    07-29 12:52 PM
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.


    I personally feel it all depends on how USCIS is gonna process the cases during August 2008.

    When Ron writes about the new EB2 India quota for 2008, he does not mention spill over to EB 2 India from EB1 category. Which is a very important aspect behind the prediction given by optimists like vdlrao and others.

    However at the same time, if USCIS does not bring its act together and we end up wasting the visas once again ( it highly unlikely that consular visa posts will assign 20 to 40K visas in next two months ... Are there so many people going with CP route??) the dates for EB2 India will retrogress but certainly not to an extent that they go back to 2003. There will be a mild retrogression and EB2 India date may come back to April 2004. However, later on they will progress further because of new years quota and spillover from EB1.





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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.



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  • akred
    06-12 12:04 PM
    Now to prove my point that we had all of today's similar issues then. Here is my after GC post.

    http://forums.immigration.com/showthread.php?t=84252

    I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.

    Peace !!

    You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.





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  • Macaca
    06-27 08:02 AM
    So are you saying that we could have possible retrogression effective from any day in July?

    In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.

    I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.



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  • reddy77
    07-03 11:34 PM
    Digged , Thanks admins for all these, I really appreciate your hardwork. I want to call senator/Rep in PA, Any contacts of them..





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  • John333
    07-15 06:40 AM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John



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  • swo
    07-12 09:22 PM
    Well then what are you doing here in USA? Why you are not in Canada, Australia or wherever the f@@k you think is good and better than USA?

    As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.

    Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.

    You on the other hand, contributed exactly what to the conversation?

    I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"





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  • gc_chahiye
    06-26 12:49 PM
    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

    did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

    ================================================== =====================================
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.



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  • GCwaitforever
    01-23 05:34 PM
    If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.

    I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.





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  • vinay0622
    07-29 10:16 AM
    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.



    Thanks..Samay.
    I appreciate, You took time to answer my question.



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  • mariusp
    02-13 02:28 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.


    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:





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  • Macaca
    07-03 09:01 PM
    I will need everyone's input since I don't know all issues.
    Titles

    "Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"

    Retrogression in employment based (EB) legal permanent resident (= GC) process

    Skilled tax paying immigrants
    Adjustment of Status (AOS) is last stage in EB GC process

    AOS application requirements

    Application requires

    Medical

    increase in (hard to get) appointments across United States
    Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)

    Birth certificate

    request for documentation in country of origin


    Requires applicant and dependents (spouse + children) to be in country.

    Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)

    2-3 days to prepare forms

    Applicants changed their schedules to submit forms

    Cost of applying

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50
    2 Days off Work
    Overseas travel to fill form


    Looks like only $380+ is lost per applicant.

    Need good estimate on #dependents!

    Benefits of AOS application

    provides Employment Authorization (EAD) that

    allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
    allows spouse to get out of the house and contribute to American economy.
    eliminates the need for continually renewing temporary skilled visa

    A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
    provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
    application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
    USCIS gets a better load estimate for load balancing.

    What happened

    Applicants started filling forms on June 13th
    Some applicants mailed forms on June 29th
    USCIS announced on July 2 that it will not accept forms recieved on or after July 2

    Why does it hurt

    Waiting in line for 6+ years due to previous GC processing delays
    Very little chance of legislative relief for a long time.
    Rejected June filers can not re-file.
    Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
    $'s lost on re-applying

    Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
    Medical will not be valid after 1 year and photos will not be valid after 6 months.

    estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
    Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
    USCIS which is supported 90% by application fee should pay some attention to applicants
    Special cases

    I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
    I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)


    Individual trauma and stress

    Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
    Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)

    The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
    Applicants will always live in fear untill they receive receipt #

    USCIS history

    376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
    According to page 35 of ombudsman report, This loss of visas is due to:

    gaps in USCIS’ accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



    Comparison with Undocumented



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  • sachug22
    09-17 11:06 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.

    Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.





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  • apb
    12-14 05:24 PM
    I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
    (Believe me, I do understnad your fustration. I really do)

    Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
    Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
    1) Increase GC numbers.
    2) remove per country cap
    3) Remove dependents from GC numbers.

    All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.





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  • unseenguy
    06-12 11:26 AM
    Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).

    Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.

    This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.

    No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....





    kshitijnt
    03-29 11:23 PM
    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.

    Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".





    eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.



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