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  • chanduv23
    02-13 03:41 PM
    I support having ongoing discussions with USCIS and having an amicable relationship with them. We should work hard to make the letter campaign successful. We have 30000 members but less than 2000 letters so far. While some volunteers are working tirelessly to make the letter campaign successful some do not want to take part in it at all because the Template's we have out there are asking for their Name, Address and Telephone Number. it is not a joke to mail out a letter to the president on which the signature of the person is not comprehendable and there is no Full Name, Adress and Telephone number. I spent hours last weekend answering people's questions about letter campaign but all I get in return is recommendations on what else I can do. There were no letters after all that. I totally support Walking_Dude on this.

    Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.

    I apologize for my venting today

    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.





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  • girishvar
    07-26 08:25 AM
    If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.

    However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.

    Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3





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  • jonty_11
    06-28 05:49 PM
    the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
    Does someone know what date in June they started turning back EB3-Other WOrkers?





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  • LostInGCProcess
    08-18 09:43 PM
    I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.

    Don't ever be that Indian guy in the office. Be a smart global citizen.

    Wow!!! Nice post. I like the last line you mentioned. :)



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  • Winner
    09-23 01:36 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
    I used www.MemberhomeLoan.com





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  • chanduv23
    08-17 01:21 PM
    Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.

    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.



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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.



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  • Ramba
    06-28 06:05 PM
    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.





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  • chanduv23
    02-14 03:05 PM
    Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).

    Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.

    I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.



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  • newbie2020
    07-03 09:41 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.





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  • samay
    07-14 07:12 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    It is normally recommended to work with the sponsoring company for at least 6 months.



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  • ItIsNotFunny
    02-13 10:50 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.

    Be careful what you are talking on public forum.

    Please also keep in mind, some personal experience can not be generalized.





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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...



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  • ajaypr
    06-24 01:55 PM
    ..I am waiting for the punch line. What's the point of this? We all know it...

    Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.

    "In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."





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  • vdlrao
    09-24 03:18 PM
    Do you think EB-2 India will cross 2005 by Sept. 2010? Thanks.

    EB-I will be in mid or late 2006 by Sep 2009.



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  • CADude
    02-13 01:15 AM
    it's classic problem of supply demand and least resistance path.

    USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.

    Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.

    So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.





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  • thomachan72
    03-27 12:52 PM
    I am just wondering.....
    when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
    I am just wondering.....
    will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
    I am wondering.....
    when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....





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  • samay
    07-28 04:39 PM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.



    Please advise.

    Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.





    acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?





    logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????



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