Tuesday, June 21, 2011

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  • 53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    Employment Based (EB) Green Card (GC) Laws
    � The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    � Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    � If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.





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  • sheela
    10-16 10:14 AM
    Guys,

    Someone left a red dot on post with message: " tells of your lack of ideas".

    I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.

    Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.

    I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.

    Seriously, its not illegal lobbies that we are more threatened by. Its our own people.

    I agree we need to do something big to end never-ending regression.

    Let us organise:
    "WORK-ROUND-THE-CLOCK non-stop for 24 hours"

    This will generate lot of interest in media for the hard-working immigrant community

    It will get us support from our Employers/Managers & hurt none

    It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day

    I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked

    WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.





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  • GCKaIntezar
    02-21 11:14 AM
    Sorry I had 2/26 as Sunday in my previous post.

    Thanks Sekar, please bring as many friends as you can. I plan to be there around 3:30pm.

    Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
    Sekar



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  • squishy
    02-23 03:54 PM
    ohhhhhhhh my goddddddddddddd
    tht is cool
    man!
    i want to do those stuff
    i will learn
    tell me a good program
    If you want a free program blender not free and cheaper than $500 animtion master $300





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  • ArunAntonio
    04-23 12:17 AM
    I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:


    gautamagg,
    I was at the meeting and I was really taken aback by your question, it was totally out of context, I think I understand your position which is 'You wanted GC - you are not getting it - you decide to go back - but before that you decide to attend school - but cant get F1 coz you extablizhed Intent to Immigrate' -- This is a unique situation... atleast not something the larger IV community is affected by, but the accusing tone of your question to the Rep. was uncalled for .. I dont even know what you expected out of this meeting for your situation .. just try to get some perspective and place things incontext.. and again numbers matter.. if there were thousands of ppl in your situation your problem would have been addressed... anyways.. I beg to differ on your opinion about it being a farce.. There is effort being put to address the issues and IV has to maintain presence and make sure our issues are out there and are being noticed and not forgotten.. and thats what precisely happened yesterday.. IV members who are affected by Retrogression made their presence felt, the Core members were present on the dias rubbing shoulders with Congressman Gutierrez and representing the retrogressed community.
    Your issue.. my friend .. unfortunately is not on the mandate of IV or the congressman..no doubt you were disappointed.. but good luck with you efforts and struggle.



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  • pkak
    07-13 01:16 AM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.





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  • ajthakur
    07-14 06:41 PM
    You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
    Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.

    Does not AC21 come in when you have used EAD to move instead of a H1 transfer?

    In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?

    If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.

    Either way, an attorney would be the safest bet..



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  • McLuvin
    03-21 02:39 PM
    PERM Processing Times (as of 03/09/2011)

    Analyst Reviews - February 2011
    Audits - March 2009
    Standard Appeals - June 2008
    Gov't Error Appeals - Current

    A small breather.... :)

    BR,
    McLuvin





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  • sanju
    02-14 12:44 AM
    I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.

    I bet you, Urban legend or joke about 'police inspector as PL/Sql programmer' is what you heard in some desi party. I have heard that story many times from multiple people, each one telling their own version. Its just like religion, where every one is stupified by other's ignorance and having fun at others expense. Can you name that police officer? Now you won't reply. I bet lot of others on this forum may have also heard this joke. Is there anyone who knows the name of that police officer pl/sql programmer? You see, fun jokes are good only for desi pani puri parties. This is serious discussion going on here, so if you would please excuse us and take your 20 year old jokes to your standard weekend desi parties, please?


    .



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  • anil_gc
    09-26 10:24 AM
    sent e-mail to the cnn editor





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  • pointlesswait
    07-14 09:17 AM
    i think this is the most logical reasoning!
    but the million $ question is: is for how long! :confused:


    In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.



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  • indrachat_75
    06-30 09:57 PM
    Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.

    Thanks
    Indra





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  • Maverick1
    07-29 01:12 PM
    i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p

    :D:D



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  • chanduv23
    04-04 09:11 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.

    Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.

    A lot of people come through bodyshops and later move on to permanant jobs.

    Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.





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  • uma001
    07-29 09:20 AM
    Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration

    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.



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  • amitjoey
    07-05 05:31 PM
    Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...

    This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
    1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
    2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
    3) Get this matter the attention it deserves in the media
    4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
    5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.

    The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....

    With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such disdain ever again...

    Awesome! you said it!!





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  • bajrangbali
    03-10 05:57 PM
    Folks, no changes in PD can be taken in atleast some positive note:

    USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.

    Dont lose heart!!!





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  • BlueSunD
    03-07 10:57 PM
    Hi Sparky! Well a quick google search turned some results, hope you find them usefull,

    Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/

    These seem nice, some of the basics of modeling are shown:
    http://www.vrotvrot.com/xoom/tutorials.html

    And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
    http://www.blender3d.org/Education/index_old.php?sub=

    and another one... almost the same
    http://www.blender3d.org/cms/Using_Blender.80.0.html





    retrohatao
    02-14 10:23 AM
    eb3_nepa,
    FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
    http://immigrationportal.com/showthread.php?t=174845
    It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.

    You will realize how big a problem when you reach there.

    Logiclife,
    This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.

    There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
    Good luck if you guys think it is a "sub issue"





    ksurjan
    07-24 11:07 AM
    incorrect..PD is relevant still after the i-485 application has been receipted. The files are put away and are pulled out and processed as and when the PD dates become current.

    To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.



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