Friday 1 July 2011

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  • gjoe
    02-15 10:56 AM
    You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.

    The slavery argument doesn't hold.

    jazz

    This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.





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  • gc_on_demand
    09-24 12:24 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.

    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.





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  • John333
    07-26 05:22 AM
    Dear Attorney,
    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
    H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...





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  • hiralal
    06-05 07:01 AM
    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
    ------------
    I agree with bajrangbali :D ...money, dollars, gold and green cards will shower from the sky, all men will have 5 wives (add your own dreams here ..), etc etc before you see our own people (i.e. other legal immigrants) stand up for our cause. there maybe exceptions but most / many will be happy to see us leave !!!
    as the famous saying goes ..you have come alone in this world ..do your work alone and don't depend or expect anything from others



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  • gjoe
    02-15 05:06 AM
    [QUOTE=hopefulgc;223549]thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.


    Are you implying that we are treated like dogs here? If your answer is yes we have a credible case against USCIS. If your answer is no then my friend ( buddy as Indians and pakis say) you have to disclose your associations.

    :cool:





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  • lazycis
    02-13 10:34 AM
    Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.

    1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.



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  • jsb
    06-05 10:18 AM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.

    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.





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  • go_guy123
    07-12 06:38 AM
    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.

    toefl is not recognised by Can Immigration dept



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  • gc28262
    01-19 11:18 AM
    deleted distasteful contents ..........................


    victimOfGc seems to be an expert in the other business !





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  • BharatPremi
    07-11 12:42 PM
    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?



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  • software7
    05-31 01:52 PM
    05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction

    They have completed adjudication of almost all of the I-140 petitions which were filed during the FY 2007 Visa Bulletin fiasco (July and August 2007). As for the EB-485 applications, they have preadjudicated 85,000 cases which await the visa number availability beginning from the next fiscal year.

    since the EB-485 cases involving fairly early priority dates have been preadjudicated, once the visa numbers progress forward beginning from the new fiscal year, October 2009, a large number of EB-485 waiters are likely to receive approvals of their long-awaited I-485 applications. Hats off to NSC and TSC!!

    Lately, I-485 waiters have been receiving RFEs or interview scheduling in a fairly large number. From these reports, we can draw a speculation that these cases have fairly early priority dates and are now undergoing such preadjudications in anticipation for the upcoming visa number availability in early part of FY 2010. They may receive approvals of their cases fairly early in the new fiscal year. With such a good news, please enjoy the SUMMER! .

    This excerpt isfomsite www.immigration-law.com with Title 05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction





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  • sriramkalyan
    01-13 07:55 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..



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  • ash27
    05-29 12:35 AM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....





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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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  • Jerrome
    09-25 02:53 PM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.



    using following report
    NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
    http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558

    Using the report from 12/31/2008 (did not find a newer report)

    PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
    PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
    PERM pending : 53200

    For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.

    For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.

    If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.

    So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.





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  • _TrueFacts
    09-05 02:20 PM
    IMV members and readers, we have been here in US for quite long and know the secret to successful life in US, just to say one: always abide by law and live your values.

    After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.



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  • gg_ny
    02-13 08:03 AM
    im willing to pay 1000's of dollars in lawyer's fees..

    this im intersted in more than sending letters.

    pls explore class action suit.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html





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  • qvadis
    12-13 05:28 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.


    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.





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  • vinzen
    08-18 11:20 PM
    Oh... finally!
    Welcome to IV
    There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.

    Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..

    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.





    lazycis
    02-15 11:22 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.





    chi_shark
    09-23 01:10 PM
    this summary of the crisis is wrong... in fact *this* is unfair to ply people with
    incorrect versions of news... nearing to lies... if intentional... the lack of liquidity stems from the fact that subprime borrowers are finding it hard to keep payments going after their payments reset on ARMs. CDOs that were based on mortgages were rated highly by rating agencies based on precedent of earlier years started losing buyers because payments were not coming through (ie default) and that led to lack of buyers and then there was a general exit from the CDO market... investment banks (like lehman) are allowed by fed regulators to classify certain assets as investments and hence not re-evaluate value them (or mark them to market) every once in a while... however, in light of actual default on some assets and ensuing lack of market interest, they started writing down asset values... thats when they collapsed... there was no way people would have come back in 30 years to buy an asset for which the underlying payments had already stopped...

    hope this sets the facts straight or at least gives a different point of view for people to chew on.


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!



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