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  • ramus
    06-27 10:04 PM
    Sorry my number was wrong...

    Its not 80,000 , it is 129,973.. That is also as of March 2007..

    look at link http://www.shusterman.com/pdf/permstats407.pdf



    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.





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  • newtoearth
    05-03 12:14 AM
    ...





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  • cpbaherwani
    08-18 01:28 PM
    People recommending lax security checks for so-called VIPs must not forget that IC-814 hijackers got bombs and guns on plane via VIP gates.

    Information on hijacked Indian Airlines aircraft, IC-814 (http://www.indianembassy.org/archive/IC_814.htm#The%20Chronology%20of%20Events)

    "A little while before the departure of IC-814 from Kathmandu, a Pakistan Embassy car (42 CD 14) arrived at the airport. Among the three officials who dismounted from the car and proceeded to the Departure Lounge was one who is believed to have supplied a consignment of RDX to a group of Punjabi militants in Kathmandu some years back."

    180 passengers were held hostages, 1 killed. 3 terrorist were released, who went on attacking Indian parliament, killing Daniel Pearl, planning 9/11 and training new militants.

    Indian Airlines Flight 814 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Indian_Airlines_Flight_814#Release_of_militants)





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  • chanduv23
    06-27 11:36 PM
    Or maybe just present a piece of toasted bread and the locals will consider this as a good 2x2 of a miracle (...photo). Once the "belt" supports him he needs no further support. Path to citizenship will be through a "divine escalator"... ;)

    Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...


    What about Mary Magdelene? The Holy Grail is enough proof for her GC??



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  • JazzByTheBay
    12-13 09:09 PM
    Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)

    cheers!
    jazz

    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





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  • zCool
    03-26 01:27 AM
    If it isn't approved.. then it's gonna be cancelled the moment that rule that's pending that comes out..
    It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..



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  • admin
    02-06 09:35 AM
    Here is a report from immigration-law.com

    02/05/2006: DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006

    * This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned.

    Great news, especially given that most of the body shoppers were using it for fraud. Also this would make it easier for USCIS to predict the actual usage of Visa numbers and thus move the PDs accurately.





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  • greatguy
    01-24 10:07 AM
    I think, it is too light a sentence for the crook



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  • Rajkrish9
    09-18 10:12 AM
    Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.

    Regards,
    Raj.





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  • santa123
    07-25 06:13 PM
    Dear Attorney,
    I am about to file my I140.
    I am in the US on L1B with company A and my GC is for future employment with Company B.
    The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.

    In this case what is my best option, AOS or CP?
    Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?

    Looking forward to your guidance. Thanks a ton!!



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  • unitednations
    02-13 01:17 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.





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  • desi3933
    06-15 12:40 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    I agree that luck plays a major role.

    Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.


    ______________________
    US citizen of Indian origin



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  • fairman
    08-15 10:47 PM
    I believe visitors get finger printed and photographed . Isn't that in the system ?
    If they felt suspicious on this 'khan' they should have pulled the records from computer .
    Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.





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  • gcfriend65
    06-28 10:00 AM
    So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).



    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.



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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.





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  • blacktongue
    01-14 10:11 AM
    He was member 2006 onward. Did nothing. Wasted time.
    Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also


    You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.



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  • EkAurAaya
    07-17 09:58 AM
    Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...

    Heres the background...

    Primary:
    EB3 Feb 2003 PD
    i140 Approved
    i485 files June 2007

    for both wife and me...
    EAD/AP - approved Sept 2007
    EAD extension received June 2008 (1 year)
    AP extension pending
    (we have not used EAD/AP yet - we both are on H1b)

    Derivative:
    EB2 April 2004 PD
    i140 Approved
    Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)

    Question:
    Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?

    Thanks in advance!





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  • Jerrome
    09-24 05:40 PM
    Scenario 1:

    Assumptions on Visa Usage by EB1 + EB2 ROW

    1) About the Volume of EB1+ ROW for this year
    (Pending + 2010) Total GC Spill over
    EB1 ALL 4050 + 4050 8100 21995
    EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)

    2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000

    3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.

    4) Spill over is 50% between China and India
    China would get (16223 spill over + 2387 regular), so china would become current
    India would get (16223 spilover+2387 regular), so India would move to March 06
    5) Let us say 3000 are un-approvable so they will move to June 06
    Scenario 2:
    If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.


    Scenario 3:

    If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.

    I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.


    In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/





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  • at0474
    12-14 03:47 PM
    BTW , Where is the fourth pillar? :)

    --LOL!! Seems like tripod otherwise!





    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).





    gc28262
    05-31 09:46 AM
    I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
    and hence a better bet would be recapture ..

    Country cap is a racially motivated law. It has to be challenged for both EB and FB immigration.

    Please refer INA 1965
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    Highlights:
    During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)



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