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  • rsharma
    06-13 09:40 PM
    I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.

    BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.

    The L1 visas done by the outsourcing companies are the main reason for the employment problem. These companies like TCS, Wipro etc.. bring people in L1A, L1B blamket visas to do the common development/Business Analysis/Project Management job in the client site.

    There is no quota for L1 Visas. They can bring any # of people they want. Per law the L1A s should be of senior managerial position with at least 4 subordinates working under them in US and L1B should be of specific skill very important for the project and not available in US. But the most of the L1As from these companies are just programmers/BAsor small PMs. They are directly controlled by their client manager.

    The main intent of these our sourcing companies is to send the employees on L1 and the employees are constantly told to somehow transfer the project to offshore.

    The L1 frauds should defenitely be reported. I totally support this initiative to report the L1 frauds committed by these outrsourcing companies.





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  • abhijitp
    07-09 08:34 PM
    Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.

    They probably tried to pass the irritant to someone else. If USCIS continues receiving flowers, and therefore passing them on, one day even the soldiers will say "No thanks!". Then they will pass them on to someone else. But for how long?

    I think this campaign will NOT lose its effect-- as long as we are persistent. Ideally, we should continue sending flowers at least so long as it does not become a MUCH talked about issue in the print and radio and TV media. My humble opinion.





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  • radhay
    06-29 04:08 PM
    same thing from my law firrm..

    "I have received the following update from the American Immigration
    Lawyers Assoc. regarding the July quota:

    Update on July Visa Availability

    We are hearing from multiple sources that, on Monday or Tuesday of next
    week, State Department plans to issue a revised Visa Bulletin for July
    2007. This revised Bulletin would retrogress some or all of the
    employment-based categories, very likely to the point of unavailable.
    Reports from AILA members about unusual levels and types of activities
    by USCIS indicate a particular push to adjudicate employment-based
    adjustments currently in the pipeline so as to exhaust visa numbers for
    fiscal year 2007.

    This follows the actions of USCIS in June, when it began rejecting EB-3
    "Other Worker" adjustment applications even though the Visa Bulletin
    showed an October 2001 cut-off date, on the basis that the "Other
    Worker" numbers for the year had been exhausted."


    What the heck?????





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  • arunmohan
    04-22 02:03 AM
    I agree with Saralayar. Could someone please take an initiative to draft a letter?

    Once letter is drafted, I believe that lots of people will send it to President.



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  • Irs
    04-01 04:31 AM
    rodnyb (read your reply from Yesterday at 1:18 on page 7 of this blog.

    All, The data rodnyb used is from Oct 2010 inventory where as I used Jan 2011 inventory data. This is my analysis..... Point out if I am wrong on any of my assumptions and I would be happy to correct myself and the data ...

    The following are my assumptions based on the data available on Jan 05 2011 from

    http://www.uscis.gov/USCIS/statistics/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20January%2005 ,%202011.pdf

    Assumptions are
    No applications are remaining before May 2006 (based on current priority dates)
    Consolidated information is as follows the data taken is from above USCIS link.

    World Inventory EB2 (http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html)


    2006 2007 2008 2009 2010

    18850 15918 1073 3383 3411

    India(Assumption there is 1 application(India Born) in every 2 applications received by USCIS Based on Aug 07 (185 applications - world inventory above)Vs Aug 07 95 applications - INDIA below ) based on (95/185 ~ 0.5), probability, the data from August 2007 onwards to end of 2010 is from India born applicants

    2006 2007 2008 2009 2010
    January 1540 36 78 160.5
    February 1444 30 63.5 172.5
    March 1404 36 102 187
    April 1420 49.5 101.5 189
    May 1110 1070 53.5 114 186.5
    June 1696 1272 46.5 141.5 252
    July 1505 1673 53 122.5 168.5
    August 1677 95 46 163 200
    Sept 1745 15.5 42 163 115
    October 1747 25.5 42 301.5 39.5
    Nov 1737 24 32 175.5 33
    Dec 1881 20.5 70 165.5 2

    2006 2007 2008 2009 2010
    13098 10003.5 536.5 1691.5 1705.5


    Based on the data of world inventory of May 2005 there are 1165 applications for EB2 and out of which 1110 is for India. Hence there is only 45 applications for the rest of the world for that month.

    For Oct - Dec 2010

    EB4/5 - 348 applicants
    Eb1 - 1252 applicants


    If considered that there are same number of applicants for Jan - April 2011 then from Oct 2010 to April 2010

    EB4/5 - 696 applicants
    EB1 - 2504 applicants

    Expect at least for 6 months

    9.3K from EB4/EB5 (total of 20K for EB4/5 and 10K for 6 months and after utilizing ~ 700)
    18.8K from EB1 (42672 total and 21336 for 6months and after utilizing ~ 2500)
    21.3 K from EB2 including ROW

    I expect a total of 49K and considering porting of EB3 to EB2 & others it would be around 40K

    With that said...

    I dream to be current

    Also, if there are 1 additional beneficiaries to the primary beneficiaries, then this 40K would become 20K in that case, I expect

    Jan 2007 for India

    if there are any 0.75 additional beneficiaries to the primary beneficiaries, then this 40K would become 30K in that case, I expect

    June 2007 India



    http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html - Complete blog.





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  • trueguy
    09-24 04:41 PM
    EB3-I can benefit only if per country cap is removed. Can IV do something to get this done as part of Admin Fix? Otherwise EB3-I will rot in 2001/2002 for next 3 more years.



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  • rodnyb
    04-02 12:50 AM
    EB3 Porting could use up to 8K though, and new filing could be 2K
    and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
    So it is even at most...

    There are lots of uncertain
    1. EB1 is now the biggest uncertainty
    2. EB2 ROW
    3. Porting
    But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
    So After May, from June to August, it is all spill over game for EB2 I/C
    That is why i guess Charles is saying the trend is now, and will start use the numbers in May

    If 44k is the available number for EB2 I & C then the PD will move upto Jun 2008 with out any doubt. Even with the porting of EB3 to EB2 is accounted for.


    .





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  • poorslumdog
    05-10 10:36 PM
    Then why do you bother to desparately stay in US? Vote with your feet.

    How do you care. If you are trying to convince us to leave the country...its not going to happen. Why do you waste your time. Get beer and chill out. Dont waste your as well as our time.



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  • wandmaker
    01-09 11:16 PM
    These two threads should be on the top

    Massive IV campaign for Administrative fixes
    http://immigrationvoice.org/forum/showthread.php?t=16506

    Send Letters

    Action alert: Please express your support for IV
    http://immigrationvoice.org/forum/showthread.php?t=16556


    Signup for monthly contribution and contribute any amount through paypal.





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  • SunnySurya
    08-07 04:22 PM
    Well said, the principle applies here too!:)
    No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)



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  • Ramba
    08-21 12:46 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
    5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-



    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





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  • stemcell
    04-01 12:10 PM
    Like everyone else i periodically come to IV and get to know the trends of whats happening. Thanks to everyone like qsek,teddy,vdlrao and many more who are contributing and trying to get some clarity into the backlog mess.

    Having made a one time contribution was enough to get access to donor forum or so i thought. I really did not know that you need to have a recurring payment to get access to the donor forum.Most paid content websites may have that model but somehow I am uncomfortable with that idea here, and i am sure there are others who may feel the same.
    Come up with a one time payment for one years access. It could be 300.00 USD to start with which is the same as 25.00 USD for 12 months which is the minimum you guys have set up. Many more will be comfortable with that.

    Its just like rubbing me on the right side and you get my money ;), a trick which my wife exploits to the fullest :rolleyes:



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  • diptam
    10-03 03:40 PM
    Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.

    Unless you fix root causes - these Premium things ain't going to work.

    IV should propose a Premium Processing for FBI Namecheck/ Other Background checks. For certain extra fee UCIS/ FBI can do this on premium bases.

    what you all think ?





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  • gc0402
    06-22 10:16 PM
    Hello,

    I'm on H1B and eligible to file I-485 (PD Apr'04 , I-140 approved) and my son was living with us (me and my wife). He joined undergraduate course in Canada in Sep'2006. He visits us frequently and he is 19 + years old and got Canadian PR. I asked my attorney whether I should file I-824 form to transfer his case to Montreal, Canada? But attorney suggested to file for AOS since he will age out once retrogression starts again. All three of us have I-94 dated Jul'06 when we came from India and does not require to get new I-94 since he visits us frequently driving through Buffalo,NY. Now my question is related to form g-325a:\
    1. What should he write in applicant's residence in last five years? Should he indicate that he is not living in US or living with us?
    2. What should he write in applicant's employment history? Should he write school/college name?

    Thanks in advance.

    gc0402



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  • Caliber
    06-17 12:59 PM
    L-1A
    L-1B
    Blanket L1s

    L-1A - Managers (lucky ones eligible for EB1), offlate not abused much as L-1A visa petitions are scrutinized well by USCIS (lot of RFEs). L-1B - Speciality Skilled ones.. MOST ABUSED category of L visa... Blanket L1s - Blanket petition for a large group of resources from a company ...

    ALL THE ABOVE VISA categories are banned from either

    1. Working on a client managed project (staff augmentation purpose).
    2. On any technical skilled projects other than the specific internal tools/products mentioned in their petitions (both when client/their own company manages the project).

    Dear L1Fraud,

    Great job. I could not do this as I was afraid of Personal attacks and pulling down by the Free raiders. I was lazy too. Hope you read my PM reply.

    Thanks for your commitment.

    Once again request you to please contribute to IV.

    Good luck.





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  • sri1309
    03-10 03:32 PM
    I have been a reader on this site for years and have contributed to many of the fund raising campaigns. I agree with many of the comments on this thread. Brothers and sisters we need to team up and clamour for fair treatment; let us all contribute with dollars and sweat. I assume most of us on this site can afford to contribute a lot more than we have in the past and the potential rewards (fair opportunity to Immigration) are immense.

    I have personally been in the US for ten years and believe I have contributed to the society a lot - while being a law abiding tax payer (I wish I could use the word citizen). And my story is not any different from any of yours. Why then we haven't gotten what we deserve at this point, afterall we have earned it by our sweat. The reason is we haven't realized our strength: in numbers, in dollars and in our contribution to the American society. No one is going to listen until we make our plight known to the public at large and to the law makers.

    Some thoughts on how to go about doing it. We need a detailed plan with names of volunteers who can contribute their time. The plan should also include a list of key law-makers we are going to contact and how. All of this will cost money - so the first thing to do is support the fund-raising efforts. I also think we need to increase the fund-raising target by a lot; because the stakes are so high.

    I apologize if I have wasted anyone's time with a long post. And I thank all of you for caring for one another and by sharing so much info with all the silent readers of this site. I have learned more about immigration from this site than my employer or immigration attroneys could ever share with me.

    I will now put my money where my mouth is by making a contribution to Immigration Voice.

    Contributing is not a problem to many, as I understand. We need an agenda. Unless that comes from the core group, I'd atleast not just day dream, blog but will also Do somehting by writing to whatever sources I know. I write every 3 days to change.gov, and to various news papers. Did the editors who recently published about us or CNBC dream about our issue and bring forth. NO,. people like you and me write to them and they get the ideas to publish.. No one is stopping us from doing our part. Keep writing , we all have very good writing skills.. keep doing it while we wait on other things...Do it non-stop.. atleast twice a week. spread it to friends..



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  • delhiguy79
    08-23 08:51 PM
    Hey guys,

    I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....

    http://www.immigrationportal.com/sho...d.php?t=261757

    and his answers are recorded in the following link...

    http://www.immigration.com/improving...nce_calls.html


    FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...

    If u ve any other info plz share....

    Thanks....





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  • Kalpen
    06-20 09:31 AM
    Hi,

    I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.

    Any clue about this?

    Thanks in advance,

    Kalpen





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  • whitecollarslave
    04-17 06:26 PM
    8 USC 1324b
    (a)(1) General rule
    It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    (3) “Protected individual” defined
    As used in paragraph (1), the term “protected individual” means an individual who—
    (A) is a citizen or national of the United States, or
    (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

    (4) Additional exception providing right to prefer equally qualified citizens
    Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.





    The7zen
    08-07 11:46 AM
    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.

    Stupid is as stupid does

    How about going after EAD's, because of the 2007 july fiasco many people were fortunate enough to get an EAD, now they are competing with you in the job market....how about filing a law suit against that ? to cut the competion ....looks like you have plenty of time.





    mrsr
    06-27 10:51 PM
    PO box varies with type of application you are sending



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