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  • BharatPremi
    09-24 05:17 PM
    Number 2) and hence number 3) are definitely wrong.
    As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
    ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
    Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
    Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
    In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
    The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.

    This is not the correct understanding. I know this myth is propogated millions of times in millions of board and so now this myth has become "truth" for millions. But that is not the correct way USCIS does things.

    Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".

    In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.

    In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)





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  • abhijitp
    07-31 02:59 PM
    Pappu, special thanks for researching this topic, and posting updates regularly.

    Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
    1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.

    Thanks!





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  • kcforgc
    08-21 12:05 PM
    I made a few calls to India (land line) yesterday and saw the int'l charges for those calls. I'll be calling vonage customer service and talk to them. Did anybody else look at their call activity in vonage account????

    Thanks





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  • maine_gc
    01-08 09:03 AM
    Any Kentucky residents who are interested in meeting the lawmakers. Please email me your details and click on the link in my signature to join the KY State Chapter



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  • whitecollarslave
    03-28 03:28 PM
    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?

    As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
    See:
    http://immigration-information.com/forums/showthread.php?t=4704
    and also
    http://immigration-information.com/forums/showthread.php?t=4702





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  • helpful_leo
    01-02 12:10 PM
    Hey guys

    I was a mostly passive observer during the S 1932 battle, and really admire all of your perseverance. I think all of you did very well with the limited time and zero funds that you had. A little bit about myself: I am a physician from India currently doing medical research here. I am currently busy interviewing for the medical residency Match 2006 (for those of you who know or care) and therefore will not be able to spend as much time here as I would like. I myself am not a GC applicant yet but am extremely interested in the cause you guys are taking up and want to see this thing being worked through. I believe our demands are just and fair, and perfectly in line with the American tradition of fairness. Our demands are just waiting to be intelligently articulated and brought to wider public attention, and will resonate well with all lawmakers irrespective of ideology. We will have to be careful about distinguishing our requirements from competing and confusing interests like illegal aliens, security issues and even H1B visa seekers.

    No American, from the most socially conservative Republican to the scared-about-job-loss Democrat will grudge a legal immigrant -who has played by all the rules all the time and pays all taxes- to reduce his immigration wait period from 7 years to 2 years! We have to play on this sense of American fairness (which exists btw to those who are skeptical) and spread the news about our legit demands (and indeed our existence) to the wider American audience. We have to carry this issue from the arena of policy debate to the personal - tell Americans how it feels like for spouses to waste their time and hope, to not be able to buy a home or plan any kind of life beyond the wait period for the green card. We have to tell them that we are not just potentially controversial legislation, but real people, with dreams, hopes, fears and sensitivities- just like them. After all, we are a significant number among their physicians and software engineers, scientists and nurses, professors and graduate students.

    But we should present these facts well to our audience, and not let communication glitches convert a no-brainer into a close contest. We should not let bad English or an unprofessional approach towards lawmakers/ media feed into stereotypes of “cheap labor” class peddled by the anti-immigrant groups. We have to be savvy and creative about our PR. We have to collect funds and organize the enormous mass of people affected by this issue. Among other things, we have to be politically sensitive and not pass judgments on illegal aliens or protectionist Democrats or anti-immigrant groups in our dialogue amongst ourselves or with others.

    I am aware all of this is tall order, but if we can manage this, I think America will give us what we ask for inside of 6 months. I will contribute as much as I can, as will be allowed by my current pressured situation ; ) Like many others here, I can put forth ideas and suggestions. I think I am politically aware and because I (used to) closely follow the general political media, I will probably be able to provide the American perspective on things, which again many others here regularly do.

    Thanks for your time and may 2006 have the very best for us!



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  • royus77
    06-29 06:10 PM
    My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
    - Sri


    AILA members already milked enough $$$ for this year ..they will be first happy if dates go back ..repeat clients:)





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  • desi3933
    01-30 06:33 AM
    Office of Special Counsel for Immigration-Related Unfair Employment Practices

    Civil Rights Divison Office of Special Counsel Did You Know Page (http://www.justice.gov/crt/osc/htm/engperliwdiss.php)


    Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all work authorized individuals are protected from document abuse.

    Civil Rights Divison Office of Special Counsel Home Page (http://www.justice.gov/crt/osc/htm/Webtypes2005.php)


    .



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  • sunil68
    01-03 10:57 AM
    I also had my visa interview on 27-DEC-2007 @Mumbai (h1-b/h-4 renewal) and was told that I will receive an email in 2 business days, subsequent to which I will have to go to VSF office for getting my visa stamped.
    Regards,
    DK.

    Did you have to submit a 6-page questionnaire to consulate? See my post above about this new tech related VISA document requirements.





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  • inderman
    10-15 06:02 PM
    Called one more time using the POJ method to NSC... This was probably the most fruitful call to NSC in the last 7-8 odd times i have called them.

    Someone called Terry answered the call... Hats off to this lady...If there is a way i would want to recommend this lady for a promotion and make her the project manager for all the rest of the IOs who answer the call!!!

    My case PD is 1/15/05, filed at TSC, transferred to NSC in Mar 08, applied AC 21 in Aug 08 and did biometrics in Feb 09.


    Information i received on my case from this call:

    1. This lady got my receipt#, checked details and history on my case, let me know that the case is preadjudicated (she defined preadjudication before that)

    2. and then, told me that the case is NOT in storage area.

    3. She mentioned that preadjudicated cases are held in an area called exams area and my case is currently on its way from exams area back to the officer who had preadjudicated my case earlier in Oct 2008.

    4. She then checked my wife's file to see if that is also with my case just to make sure that file is not lost etc and confirmed that both files are together.

    5. She also mentioned that nothing else needs to be done right now for my case as it is already on its way back to IO.


    Thanks to know that there is atleast one person at NSC who understands what we are going thru' and is willing to atleast provide some details...



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  • logiclife
    01-02 06:56 PM
    Hi,

    This afternoon I bought David Heenan's Flight capital which by this time most of us know is going to be a useful and authentic source of information to make our case of retrogression relief.

    I am going to post the contents of the book here. I read the first 10 pages and they are PRETTY PRETTY GOOD.

    If anyone else can purchase this book and also another book by Richard Florida and post factual contents that would consitute our letter to congressmen, that would be swell.





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  • rstp99
    01-10 11:28 AM
    Sec 503 of Marc Spector's Immigration reform bill gives 25% of all EB visas and unused visas to un-skilled workers.
    This shall hit all EB category visas hard and might cause more retrogression
    We should not support Sec 503 of this bill.



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  • kate123
    03-31 08:39 AM
    This is approx data from last year DOS yearly report.

    EB1 = 41k
    EB2 = 53k
    EB3 = 42k
    EB4 = 11k
    EB5 = 2k

    Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )

    so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
    This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.

    I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.

    I could be wrong though!!





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  • desi3933
    01-30 06:33 AM
    Office of Special Counsel for Immigration-Related Unfair Employment Practices

    Civil Rights Divison Office of Special Counsel Did You Know Page (http://www.justice.gov/crt/osc/htm/engperliwdiss.php)


    Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all work authorized individuals are protected from document abuse.

    Civil Rights Divison Office of Special Counsel Home Page (http://www.justice.gov/crt/osc/htm/Webtypes2005.php)


    .



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  • bkn96
    11-19 04:58 PM
    Applying MTR is very expensive, anyone know any good lawyer around NJ?





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  • she81
    06-29 08:55 PM
    To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....

    On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...

    Agreed it is not the end of the world... but no monetary sum can reimburse the stress we've gone through and going through, the number of years worrying, the numerous decisions we've deferred, the immobility of career we've gone through... just in anticipation. They just brought all these people to the well to quench their thirst only to find out that it's but dried up.



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  • Canadianindian
    07-09 09:00 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.

    Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term

    Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.

    Last, please join the folks in rallies and other efforts.





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  • vin13
    08-20 02:26 PM
    I am currently with Teleblend and pay $50 for unlimited US and India calling (no contract). I have been with them for a long time.

    But this deal from Vonage beats that.

    I used to spend half my income on phone cards when i was a student 10-12 years ago.





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  • sunty
    01-13 02:12 PM
    I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

    I have also sent a personalized hand written letter to the Colorado Congressmen Ed Perlmutter. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

    Parijat

    I also thought of writing the letter in my own hand writing. I guess they WILL read it then. But my writing is so bad, it might have had an adverse effect..:D

    Good work..





    danu2007
    10-30 11:01 PM
    Done...Posted all the four..





    mpadapa
    09-12 07:44 PM
    Thanks Administrator2 for the update. This should energize the call camapign.
    Come on folks please call all the Jud committee members.

    Next full committee meeting is on Sep 16. There is no changes to the members on the committee.

    Please call all Jud. committee members who aren't co-sponsors of HR 5882.

    Thanks a lot for the update - this sure is encouraging!

    Two quick questions...
    1. When is the "next committee meeting" - next week or later?
    2. Any changes to the list of members of the Judiciary committee? Better still, it will be great if you could re-post the latest list so we can get going with the fresh wave of phone calls...

    Thanks again and let's pull up our socks for the home stretch.



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