Thursday, June 30, 2011

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  • GC9180
    09-25 03:20 PM
    monthly number calculations not quarterly or yearly

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/628361-useful-links-how-visa-allocation-happens.html#post967308



    http://www.state.gov/documents/organization/87963.pdf

    from the above doc

    "9 FAM APPENDIX D, 405 NUMERICAL CONTROL"

    .... Each month a determination is made regarding the number of visas that can be made
    available on a worldwide basis. .......
    Numbers are made available in the chronological order of the applicant’s
    priority dates. The monthly cut-off dates, which are used to determine
    whether an applicant’s case is eligible for final interview, are published in the
    Visa Bulletin available on the CA Intranet site....".





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  • pointlesswait
    10-01 05:54 PM
    china an economic superpower..;-)..good joke..

    It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....

    every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:

    i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:

    btw..thanks for those red dots..

    The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.





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  • sobyb
    05-01 05:17 PM
    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.

    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.





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  • lotsofspace
    02-13 11:26 AM
    I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.

    What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).

    Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.

    Thank God there is no such restriction on H1.

    I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.

    As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.

    Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).


    Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
    But for now this is a problem for all of us who are struck in this nightmare.



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  • alkg
    09-24 03:29 PM
    I don't think this all is going to work out in any way.





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  • go_guy123
    07-12 03:43 PM
    BTW its taking anywhere between 52-65 weeks to get Canadian PR now. They process ur initial application after 52 weeks only and any time taken on top of it is extra..
    cheers

    Canada Immgration back is also visa post quota based unlike birth country
    (not citizenship) based.
    Therefore as an Indian if you apply in India then backlog is massive (5 yrs).
    However just like in US system exceptions are there for Indians born outside India, Indians in US on H1B visa can apply in US where backlog is lesser.

    In the Canadian system you can apply in your county of citizenship or country where you are admitted for more than 1 year (eg H1B , L1 ,F1 ,J1 )



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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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  • tikka
    07-03 06:46 PM
    Dugg both.

    thank you :)

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 111

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 130

    we can also digg comments..

    thank you



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  • whoever
    02-15 11:37 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.





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  • peacocklover
    09-25 04:17 PM
    Fantastic idea, it will bring OXYGEN to this bedridden economy. We need to contact real estate media channels like HDTV for the support to project through their media.



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  • sidbee
    02-15 03:50 PM
    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.

    Yup, the news about Mr 's resignation is unfortunate.

    The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.





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  • imh1b
    01-13 01:07 PM
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf



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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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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.



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  • deepakd
    07-11 01:24 PM
    BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    Guys

    On the sameline, I think no one is crazy about anything but material wealth for self.

    Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
    If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............





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  • samay
    07-28 09:18 PM
    Hi,
    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.

    Thanks,
    ashish

    You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.



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  • jayleno
    07-21 03:11 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    [QUOTE=a_yaja;1971286]I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    QUOTE]





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  • vamsi_poondla
    02-15 03:34 PM
    I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .

    Atleast we should try , discussing and cribbing on the forum wont help.

    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.





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  • veni001
    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."





    TeddyKoochu
    01-15 02:45 PM
    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies

    This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them

    Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.





    chintu25
    02-13 10:21 AM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?


    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.

    This is the reason we have forums like our IV so that all can come together and take a decisive step together
    .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.


    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute