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  • meridiani.planum
    09-23 04:58 PM
    I second that. I am waiting for my GC before I make such a huge commitment to this country.

    Exactly, but what if they give you GC immediately if you buy a house? Win-win for both you and the government.





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  • rahulpaper
    06-27 01:23 PM
    I am in same boat of HR and company Lawyer (with no control over submission date).
    God willing� soon we will all receive a receipt number for I485. There are some calculated risks which are unavoidable.

    BTW thanks to you and core team for persistently working for EB community.





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  • acecupid
    07-17 11:25 AM
    Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.

    Let you be the master of INA law; give me the source where it says differently.

    Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.





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  • vivid_bharti
    04-20 09:47 PM
    You want the people to be stuck in the black hole for another 5 years ? Here are some facts about Mr. Manmohan Singh....
    1) Three of his Cabinet ministers belonging to DMK/NCP/PMK after travelling abroad --including to Tax Havens refused to give reports of their foreign trips to PMO. PMO Could not /did not do anything

    2) The HRD minster Arjun singh did not attend any Cabinet meetings under Singh --the mumbling PM could not /did not even ask for an explanation.

    3) He was forced to give pensions for Marxists Terrorists of Telengana who fought against the Indian state in 1948 -under freedom fighters category . He did not have guts to point out that you cannot give such pensions to those who fought the Indian army

    4) He donated nearly Rs.60 Crores to Cambridge[ to celebrate the admission of Nehru] and Harvard [ Perhaps to reduce the Stock Market losses! of their funds] when Indian institutions are crying for funds. He fumbled when he was "instructed" by number 10.

    5) He Promised a Terror Law in a Governor's Conference to be over ruled by his own Party's Spokesperson who got instructions from number 10

    6) DMK Chief announced the new Cabinet Minister [ Raja] for Tele communication from Chennai—instead of PMO announcing the new Cabinet Minster.

    7) As a Finance Minister in 1991 --his first task was to grant Rs.100 Crores for Rajiv Foundation and was over ruled by PVN after a hue and cry.The same obeisance he showed as PM to number 10.

    8) He's plainly & cunningly refusing to contest election, simply seeking backdoor entry to the PMO, thru the puupet string from number 10

    9) Plainly refused to debate with LK Advani, reason ?? Don't have a single credit to talk about.

    Also in case you haven't visited India in last 5 years and don't know the ground realities and all our knowledge is based on Indian media(NDTV, IBN, Hindustan times) , here's a clip from CAG report which will tell you how poor this govt's performance was

    " CAG report on NREGA has said that out of the 3.81 crore rural households that registered under the scheme, only 22 lakh households — a mere 6% — got 100 days of legally guaranteed employment; project completion rate in National Highways fell from 81% in 2004-05 to 17% in 2007-2008; the 11th Plan had set a target of adding 90,700 MW of power; yet in its first seven quarters, a mere 10,877 MW has been added; and leakages continue unabated and unchecked in PDS. Given the Manmohan Singh government’s well-earned reputation for weakness on these issues, convincing the electorate will be no mean task."

    you can read the whole article at

    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1



    If you have more please add here.........
    should be ' NO CHANGE'

    i.e. continue with what we had for the past 5 years

    India deserves nothing but the best and so there should be 'No Change' in leadership



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  • unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

    -------------------------------

    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    xxxx

    xxxxwrote:
    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

    xxxx


    --------------------------------------------------------------------------------

    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much

    xxxxx



    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




    --------------------------------------------------------------------------------

    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM
    To: ny.united@gmail.com
    Subject:

    Hi,

    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much
    xxxxxxxx





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  • 485Mbe4001
    05-29 02:31 PM
    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.

    Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"



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  • Macaca
    06-28 09:01 AM
    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.





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  • Rohan99
    07-27 12:46 PM
    United States Secretary of Homeland Security - Janet Napolitano can help you.

    I am extremely interested in this business. Can somebody please refer me, I am in LA?



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  • GCFROMOHIO
    03-26 06:18 PM
    Hi All,

    I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
    1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
    2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

    3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

    The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

    Any help will be greatly appreciated!


    Thanks,





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  • PlainSpeak
    01-14 08:36 AM
    actaccord: I also want to see civilized discussion. But that is not possible with people like PlainSpeak/GCPerm. I know this person. He has always tried to create Eb2/Eb3 divide. The problem is not with language of some of the posts you referred as "uncivilized", the problem is that for every post there are hundreds of people silently reading each posts. Each post influences those silent readers. If unanswered snakes like GCPerm can cause a lot of damage.

    In an open anonymous forum you need to develop a thick skin. Person of every strip and belief can post anything. If you cannot handle this, it is better for you to resign from accessing any or all websites.For a period of time, I felt the same way as you did but it does not work that way. Stop this nonsense of political correctness when snakes like GCPerm spit venom to divide everyone.

    A forum is a combination of all sorts of ideas and expression. You may like some and you may not like some. If you or your friends find it so difficult to stand this expression, then please sit quietly in your home because you cannot join hands with anyone in this real and rough world. How long are we going to " try to gain confidence" of more members? How long? I do not want to gain confidence of anyone anymore. If I was to make a decision, I would say that I don't need those members who cannot stand a little bit of rough reality. I am not going to do anything to "gain confidence" of others. If you want to work then good for you. If you don't want to work on the issue affecting your family, then so be it. You are doing a favor to no one but yourself when you speak with your Congressman. So Good luck and Good bye. But don't preach civility to everyone if you cannot first respond to PlainSpeak. I hate this Eb2/Eb3 fight.
    Ahh greyhair my friend the measure of how civilized a person acts is not how calculated by how other people act but how you act towards other people when they act civilized or uncivilized. Before calling someone uncivilized you should first take time to read your response to actaccord. If you do not get it please read it a few times more. At some point of time you will certaily slap your head and exclaim
    Did is Say Thatttt. What was i on when is said it ???????
    Yes introspection is a valuable art and should be used more by everyone

    Remember that is the statement for every post there are hundreds of people silently reading each posts is correct then so is this statement correct for every response there are hundreds of people silently reading each response and forming an opinion about IV senior members and donars

    I will not comment on any of your other irrelevent and immaterial logic about anonymous forum and how members should act in it because actaccord has given you a fitting (Civilized) answer to it and there is nothing more i can add

    I will certainly comment on this GCPerm issue. I mean who is this guy ?? Has he messed up you peoples mind so bad that you keep seeing him everywhere. I mean what has he said that was so bad that you guys start frothing at you mouth and behaving like this.

    You know what would be an easier way to find out the truth. Go through the old post of GCPERM and then read my post. I am sure you will realize the diference and if you stil have doubts

    Read my lips. I AM NOT GCPERM and if you guys keep doing this i will have to go hunt him down and get him back to this forum just to prove myself. I don't have to and i am not sure how to find him but i will try and do that if you guys continue with this GCPerm = PlainSpeak nonsense. Now based on what i am hearing about GCPERM from you guys do you think it is for your benefit if he also comes back to this forum. I mean you guys are doing a really poor job of reacting to me and my posts in a civilized manner as it is

    NAhhhhhhhhhh i knew you would see things the right way once someone explains it to you clearly

    So i would go ahead and assume that this GCPERM is PlainSpeak nonsense wil not be repeated again, because if you keep doing that more it just might blow up in you face



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  • days_go_by
    01-23 06:11 PM
    not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
    But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .

    http://immigrationportal.com/showthread.php?p=1596562#post1596562

    it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.





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  • Googler
    02-18 03:17 PM
    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.

    This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)

    My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.

    As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.

    The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.



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  • chi_shark
    10-28 03:06 PM
    i am curious... if someone leaves a comment with a red or a green dot, how do i get to see the comment?

    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)





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  • sunny1000
    12-13 05:30 PM
    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.

    Well said!



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  • Lasantha
    12-14 05:35 PM
    Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
    And if you don't like other views please don't waste your time by responding to them.
    As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:

    Hasta la vista Baby!

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?





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  • lazycis
    02-15 11:22 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.



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  • chintu25
    02-13 11:23 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).

    We have three now and atleast 8 who supported this issue on the thread





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  • cbpds
    01-13 06:11 PM
    Will these rules apply for H1 re-stamping or is it just for H1 renewals only?

    That seems to be the intention here..





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  • srkamath
    07-25 09:54 PM
    Are you sure about # 3?

    The annual limits are 140000+FB, the FB spillover number are available during the first quarter itself. So it is possible for DOS to estimate the annual limit very early in the year, it seems unlikely that they will wait till the last quarter.


    .....
    3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.[/B]





    psgprasad
    07-03 04:34 PM
    Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS

    The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.





    alisa
    07-04 10:57 AM
    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.



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