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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...





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  • GCMan007
    06-28 06:48 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





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  • saileshdude
    05-28 11:35 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1

    Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
    Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.


    I am pretty sure Cognizant is one of the companies who is doing this.





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  • gc28262
    06-16 03:15 PM
    I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.

    Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.

    dilipcr and senthil1,

    We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.



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  • PlainSpeak
    01-13 04:36 PM
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
    You have been called Myfriend by me in all the posts in all the messages (I know i slipped in between but if you refer the messages i also did apolozise for calling some one a Bigot and Idiot). Now what i cannot understand is that you have never had the courage to so the same and are keeping up the same tone. No matter it si ok becasue to agrre you were wrong and apolozie needs more courage then anyone would know

    What enemy are you referring to. I never called anyone on IV my enemy (and i can prove it by checking my previous post). The only place i used the word enemy was when i said that if you guys consider me your enemy you need to check all my posts to see how i have been in this forum from 2006 helping people when i can and Getting help when i needed it.

    So you saw WHAT coming. What you actaully see coming is a bright light down a dark tunnel and when it gets closer there is a boom. That is when you wake up and smell the roses (So that there is no more misunderstanding and since it pains me to see your angry post again i will explain that what i mean is that you will realize that i am not your enemy). Of course there is no chance of you agreeing with me and that is ok. As long as you realize that i am not your enemy we are good. Atleast that would stop the abuse.

    Oh i think i missed that part of sense and not rhetoric. Well it is like this my friend if you are speaking sense and not rhetoric it is good for you. What should be clear is when you speak sense (which by the way is always the way to go) i can choose to not agree with you and that should not blow you mind off and get you angry. Something similar to what i say when you abuse me and say that i am wrong and go all ballastic on me. Try it it will work out better for everyone

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Since you are a junior member i will let this mistake slide through (But do not feel bad there are some senior members out here with the same statement which i must say is very surprising).
    Unlike others i am not here to convert people to my point of view and win some one over to my side.

    This is a forum and there are no sides (Actually there are so many to sides to count lets go with no sides). In a forum there is consensus and any decision is made on consensus. For forum members to come to a consensus they need to know what they are agreeing upon and to need to know people need to discuss. Not every idea wil work out and not every disucssion wil lead to a consensus, but as i told before that is the beauty of it.

    Hope i was able to answer you satisfactorily and of course if you were not looking for an answer becasue you were just being angry i hope you sleep on it tonight and come back tommorow because my my friend all the junior members of today are the key persons of IV tommorow (Everyone else Please do not take that literally i mean in the future and NO i am not inciting anyone)
    So tommorow if i call you my friend again if i see an reply from you which not abusive (It is ok to NOT agree with me. That is your god given right) i for one wil be very happy

    Please remember that does not mean i converted you (Well actually that would indeed be a conversion from a abusive person on the forum to a person who listens to all sides with calm) but that is another battle





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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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  • samay
    07-14 06:23 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.





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  • logiclife
    05-10 05:19 PM
    The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.

    I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.

    If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.

    And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.



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  • newtoearth
    05-03 01:36 AM
    ...





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  • conchshell
    07-29 02:41 PM
    I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)

    Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.



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  • raydon
    08-16 10:14 AM
    What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.





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  • ramus
    07-04 08:56 AM
    Good morning..

    Please put your updated post..

    I am very glad to see every member is bringing so much energy here.

    Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.

    Macaca thanks again..





    Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.

    These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.

    Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.

    Just woke up. Good Morning!



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  • villamonte6100
    12-14 12:30 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai

    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.





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  • WaitingUnlimited
    02-12 12:02 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html



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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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  • gc_in_30_yrs
    10-03 11:42 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.


    there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.



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  • gimmeacard
    08-02 01:07 AM
    Any ways, it is not going to stop me from having fun here. Any body with more interested stories to keep people informed and entertained till they get gc. Too much predicting would kill the mood. To be motivated u need some fun too.


    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look





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  • 485Mbe4001
    09-23 01:20 PM
    Leave it to us 'Skilled' folks to shred an idea before implementing it. What is the harm in mailing out a letter. We tend to focus on bringing out the negatives and keep discussing issues till the train passes us by.

    The bailout plan is a short window of opportunity, what is wrong in sending out some emails, we are not the only ones doing this there are hundreds of organizations trying to get their word in edgewise.

    (I for one am even willing to write a proposal to 'buy' a GC, if EB applicant is waiting for more than 5 yrs since his/her PD, they can pay 10-15 grand to fast track application irrespective of the fact that the PD is current or not. USCIS stands to make 2 billion. I prefer paying 10k to uscis instead of the yearly drain towards my lawyers SLK.)

    Anyways the point i am trying to make is that for this particular issue send out the letter, ask others to do the same and then discuss the merits of the letter. As the moderator mentions the window of opportunity is very small. Since you will be sending out your own letters, you can include any text to include current home owners or include only US educated or only EB 2 I etc ;)

    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...





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  • Waitnwait
    07-03 05:49 PM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)





    needhelp!
    09-23 05:28 PM
    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.





    ebizash
    07-29 05:50 PM
    Any other funny stories.

    Seems like you are having lot of fun reading this thread!! You should pay some sort of entertainment tax to IV for this. :D :D



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