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  • Macaca
    01-28 09:11 AM
    This info is useful to novices for survival. Like many other postings, I had never heard about it.

    I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.





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  • nixstor
    07-03 11:55 PM
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





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  • andy garcia
    02-23 07:23 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.



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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.





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  • PlainSpeak
    01-13 01:20 PM
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??

    In direct response to your post

    First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further

    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case

    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
    I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer


    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
    YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
    Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
    I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.

    My friend forever_waiting, I hope i answered everything to your satisfaction

    As to the below
    I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom



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  • dummgelauft
    06-24 01:39 PM
    This is what I received from a immigration lawyer ......

    LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM

    There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.

    The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.

    An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.

    In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.

    The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.

    Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.

    DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.

    In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.

    With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.

    The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.

    A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.

    Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.

    Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.

    These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.

    ..I am waiting for the punch line. What's the point of this? We all know it...





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  • insbaby
    02-13 02:02 AM
    I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.

    IV has had it's own share of success with it's approach. No other methods have succeeded so far .

    Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.

    community does not have the bandwidth to take multiple initiatives.

    I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.

    Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.



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  • rb_248
    10-04 10:01 AM
    1. You need to submit original transcripts and notarised copies of degree certs

    2. I requseted my current employer to give it. I quoted that I need them for applying to university

    3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.

    I just got my PR approved and I got my passports back with visas.

    STAmisha,
    How long did it take for you? and where did you file your application?





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  • YesGC_NoGC
    06-26 12:55 PM
    Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.

    Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.

    Does this make sense !!



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  • msp1976
    02-13 03:05 PM
    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    USCIS today is using the vertical flow...I acknowledge that....

    It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....





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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.



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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • a1b2c3
    05-30 01:41 PM
    I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.

    While you are at it, can you please also request USCIS to revoke the EADs they issued to many EB2/EB3 folks and their spouses in the July of 07 when their PDs were nowhere even close to the being current in the previous months of the same year?



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  • jasmin45
    09-04 07:11 PM
    My...

    Did you guys let ChanduV23 go of the hook? :D:D:D.. I see him hanging in here..;)
    May be you tried and mud didn't stick on him han?
    Long weekend is ahead folks.. go easy on each other:) have a wonderful labor day...





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  • pitha
    02-18 07:52 PM
    I don’t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don’t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don’t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don’t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don’t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!

    BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485



    For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .



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  • ramus
    07-03 05:16 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who





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  • _TrueFacts
    09-04 09:47 PM
    This MF doesn't even have minimum decency to just leave alone a Dead Man.


    breddy2000,

    Shame on you. thoo

    In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.

    orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)





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  • okuzmin
    05-09 01:37 PM
    hasanuic, check this page before you send your RPRF fee:

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp

    We just sent the last requested docs a week ago to the Consulate, and I used this page to get a money order with our RPRF fees.





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    ramus
    06-28 04:59 PM
    They couldn't do earlier because dates weren't current.. Now dates are current and they can approve all those pending application who were just waiting for visa number to assign..


    I don't think that they will APPROVE 40,000 appplications in a week. Well they were unable to do so in an year, how come in a week or two.