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  • BMS
    07-03 06:47 PM
    sent to all foxnews email addr





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  • hibhagya
    07-03 05:58 PM
    I guess we need to communicate our voices to all senators across united states. we need to spread the word at the earliest to get a quick action on this from governament.
    I Guess some one should compose and message ,consolidate all web faxes and phone numbers at one place just like how we did it for CIR bill.

    It will be easy for members to send information easily.

    If each senator recieves more than 10,000 emails or faxes or phone calls then we can hope there is a chance to file 485 this month or at the earliest in October.





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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.





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  • msp1976
    02-13 03:05 PM
    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    USCIS today is using the vertical flow...I acknowledge that....

    It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....



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  • jonty_11
    06-28 12:24 PM
    For July 485 filing, can I send papers in Saturday June 30th ?
    No wonder they are expecting retrogresson ....in first wk of July...
    Guys take it easy..!!!!





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  • deepakjain
    08-15 10:12 AM
    I am sure the immigration officers might have got news about people from India make illigal entry into US when they come as part of some drama, dance, shows.

    Many "extras", dancers, musicians have vanished after landing in US.....check any local desi Indian resturant, kirana stores those desi working there are all illigal immigrants....it is not only mexicans but many from northern India states are here as illigal immigrants ....

    the easiest way to make entry into US, Canada is landing here as part of a show troop....few famous Indian personality have been detained and proved that they were tainted in human traffacking....Ministers, Movie Stars, SInger, Musical show organizers ....

    Many Desis have vanished in UK, Germany, Holland, US, Canada.... {I am not saying SRK is involved in Human Traffacking ...but Indian are and show is the most common option}



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  • BharatPremi
    12-14 03:19 PM
    Yep.

    O.k here I am trying to reach the conclusion for my own proper understanding: Whether it is "Discriminative" OR "Restrictive" OR both OR none

    Scenario Example:
    -----------------
    Year 2009:

    ROW EB: Only Britain nationals apply say 30000 people - No other ROW
    national apply
    ROW EB current
    NO EB Backlog for ROW

    What will happen to the files of (30000 -9800) these britain nationals?





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  • ramus
    06-27 06:59 AM
    So are you saying that we could have possible retrogression effective from any day in July?

    Thanks.



    USCIS had approvals before dates moved. USCIS knows the numebr 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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  • Keeme
    05-01 05:29 PM
    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.

    Agreed but some Govt. fails to do so. IF Govt. were acting resposibly , World wouldn't have seen the WW1 and WW2 and Bosnia-Serbia crisis and countless other masscare !

    One should understand difference b/w ' Srilankan Tamils' and 'LTTE'.





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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.



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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • amsgc
    12-21 04:07 PM
    albertpinto,

    I agree that it is not going to be easy - but I don't see any other way.

    It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

    How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

    Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

    I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
    - For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
    - Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

    The USCIS can define the criteria for accepting cases for early evaluation, such as:
    - PD older than 3 years
    - Buying a house etc.
    - Attempting to start a business, changing job, going back to school to enhance skills etc.

    Any other thoughts, any one?



    I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
    the main point should be keep it simple !!!
    -- I suggest this ...
    1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
    at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).

    2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
    3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
    (also ..please post on one thread and keep only one thread active at a time).



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  • at0474
    12-14 04:29 PM
    Dakota Newfie,

    I understand your concern. But be rest assured that we are not going anywhere with this flawed concept; "we are discriminated because we are not given green cards!". When frustration is at work, commonsense goes on vacation.

    Also, IMHO, majority of indians posting here are taking it for granted that IV and the website is purely indian. It is not intentional though.





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  • unitednations
    02-18 08:46 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??


    This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.



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  • lazycis
    02-13 12:03 PM
    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft

    CSS

    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno


    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00





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  • sumagiri
    07-23 02:23 PM
    I did some analysis on numbers used at thread
    http://immigrationvoice.org/forum/showthread.php?t=20098
    (post 1 and 60)

    Used visa number is 120-130K (until July end including CP allocation for the year). If we assume there are 171k visa for this year (vldrao analysis) we are close to 40K visa pending.

    Again no one has enough data to predict accurately the numbers, but it should be between 15-45K for Aug/Sept. Since EB1 and EB2-ROW was current most of the time, i would guess a large portion of this number should rollover to EB2 India/China.

    There is an excellent analysis. Great job !. However , there is a little contradiction in the analysis. There are 171,000 visas (as said in the post) because there is a spill over from FB to EB. This spill over should also go to EB3. In that case EB3 should open up for its 28.6% share. If that happens, again there will be lot of recalculations. Got my point !.

    Any way, one thing that we all agree is that EB2 got excellent share this year and has very good chance to become current soon. Being in EB2, that is a good for you & me.



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  • lost_stranger
    10-10 03:13 AM
    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • gjoe
    09-29 03:52 PM
    Please park you dollars in some tangible asset. Property is a good place to do that. If you a saving in dollars use that as your 20% down payment and get good fire sale property in US. You should know that if you wait for your GC to buy property your dollar will be worth only 50% its value or less in a year from now. If you use your dollars now to buy property you will get a good bargain and also your monthly payment will be 50% or more cheaper five years from now.

    Buy gold but not in paper but as metal and hold it so you can feel it.





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  • mallu
    05-14 03:09 AM
    http://www.rediff.com/money/2007/may/14it.htm

    Are those returned due to --ssed of immigration system here ?





    rsdang1
    08-21 11:39 AM
    "Everytime"?

    I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)

    I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.



    I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
    :-)





    morchu
    06-05 04:17 PM
    :) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.



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