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  • Openarms
    02-03 11:03 AM
    This is the only strongest point we have ever had. So let us push or aks for help Obama administration.
    If they can bring people based on merits( regardless of country ) to work they should do the same for green card. If not the system should be fair and strong.... not to open back doors for people to persuade to come to this country and be work like horse.





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  • unknown123
    03-12 02:14 AM
    I support.. I've contributed earlier and will contribute again.

    I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......

    Visa re-capture is one (or may be the only one) solution of above problem.

    Just my thought





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  • sweet_jungle
    04-22 12:42 PM
    [QUOTE=caydee]Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

    I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?





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  • Rockford
    08-29 03:36 PM
    I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.


    Chandu,

    Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.

    I am sure there are other issues with your lawyer, but this case is kind of fair.

    There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.



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  • bharani
    10-17 11:08 AM
    Just mailed the letter.





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  • rimagupta
    07-05 03:26 AM
    Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.

    There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?

    In addition, many 2001+applications are still stuck at namecheck.

    Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.


    Source:

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm
    others: various law firm sites, including

    www.ilw.com
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument

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

    Estimated new 485 filings. : 700K is conservative. May be wrong too.

    LC s certified from BEC: about 200K (from 2001 to 2005 filings)
    PERM Certifed labor: About 200K (from Mar 2005 to June 2007)

    Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.

    The dependents for 300k will be 450K (1.5 times primary)

    So total AOS applicants will be 750K just based on LC. Excluding EB1.

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



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  • srikondoji
    07-04 08:58 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.

    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.





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  • coolmanasip
    03-10 01:05 PM
    Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....



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  • nixstor
    07-02 10:50 PM
    I support online petition idea and can get more than 50 friends to sign it.

    Lets start it as soon as possible so it can have an positive impact on those three pending bills that will be presented to Congress this summer.

    Thanks.

    If web faxes to the representatives offices have not made an impact, How will a petition on a third party website will make an impact?

    I don't mean to dampen any one's enthusiasm here but we have been clearly the best ways to make an impact on a law maker's decision are

    (1) Go to their offices and meet their legislative assistant/ aide's
    (2) Call them.

    If you haven't called Rep Smith's office, call now. If you did encourage your friends from San Antonio / Austin area to do so.





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  • Macaca
    01-31 04:35 PM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?

    Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).


    I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.

    The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.



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  • andycool
    03-16 02:04 PM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.


    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)





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  • jayz
    08-15 05:28 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.



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  • rajivkane
    07-20 10:42 PM
    Hi!

    My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.


    Regards,

    Raj





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  • vin13
    03-09 12:22 PM
    This is horrible. Does not make much sense.



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  • kedrex
    07-18 08:04 PM
    bump





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  • sanju
    06-13 12:03 PM
    I think Administrator should put a stop this IDIOT. Every now and then some arrogant idiot shows up from somewhere, and tries to hijack the forum for that day. This guy polky doesn't care if people on this forum are all LEGALS. This maniac is brainwashed and should be banned immediately. Otherwise, he will waste rest of his day preaching about "ILLEGAL IMMIGRATION" even though no one on this forum is ILLEGAL.

    hey polky,

    will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.


    ......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy

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  • jcgc
    02-21 02:13 PM
    I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

    Column 1: PD
    Column 2: Nbr. Of EB2 India pending from
    Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
    Column 4: Cumulative EB2 India pending

    2000-01 0 - -
    2000-03 0 - -
    2000-04 1 15 15
    2000-06 1 15 30
    2000-08 0 - 30
    2000-11 1 15 44
    2000-12 0 - 44
    2001-01 0 - 44
    2001-03 1 15 59
    2001-04 3 44 104
    2001-05 2 30 133
    2001-06 6 89 222
    2001-07 3 44 267
    2001-08 1 15 281
    2001-09 1 15 296
    2001-10 6 89 385
    2001-11 2 30 415
    2001-12 2 30 444
    2002-01 5 74 519
    2002-02 4 59 578
    2002-03 1 15 593
    2002-04 3 44 637
    2002-05 11 163 800
    2002-06 7 104 904
    2002-07 5 74 978
    2002-08 5 74 1,052
    2002-09 5 74 1,126
    2002-10 14 207 1,333
    2002-11 16 237 1,570
    2002-12 11 163 1,733
    2003-01 13 193 1,926
    2003-02 12 178 2,104
    2003-03 20 296 2,400
    2003-04 13 193 2,593
    2003-05 16 237 2,830
    2003-06 17 252 3,081
    2003-07 22 326 3,407
    2003-08 18 267 3,674
    2003-09 18 267 3,941
    2003-10 29 430 4,370
    2003-11 17 252 4,622
    2003-12 18 267 4,889
    Total 330 4,889





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  • vsrinir
    11-11 04:47 PM
    Immigration Reform Rally Planned For January
    11/11/2008 2:57 PM ET
    TOP MARKET NEWS




    (RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.

    Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.

    "We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.

    Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.

    "The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."

    Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.

    However, she argued that immigration issues are central to the country's economic recovery.

    "The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."

    She added, "Immigration reform will bring a clear picture for our economy."

    In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.

    "We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.

    by RTT Staff Writer



    http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155





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  • gk_2000
    08-11 05:08 PM
    Guys,

    I have thought of one more idea..

    We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).

    And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.

    Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front

    Anyone having the facts and numbers of 245(i)?





    mheggade
    07-20 10:24 AM
    The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
    If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.





    angelfire76
    09-28 05:57 PM
    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.

    The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.

    Have I made it clear?


    I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)

    Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
    Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.

    But let's not beat a dead horse and invite the wrath of admins or senior members.



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