Friday, June 17, 2011

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  • tooclose
    07-12 06:52 PM

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!


    Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?

    Gurus post your thoughts...

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  • gcbeku
    08-10 03:35 PM
    I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.

    While porting is still an option, it is in EB3 filers' interest to push forward on this idea.

    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

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  • Canadian_Dream
    04-04 02:18 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

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  • gk_2000
    08-10 08:41 PM
    So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !

    Good point. But there should be no holy cows where justice is concerned


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  • shivarajan
    05-27 06:35 PM
    It's absolutely true that few official documents they do not take color photocopy in many "office" shops (e.g vehicle title etc). May be the guy considered this too to be in that category. I have faced it myself on many occasions with different people.

    Just b'cos something did not happen to us we can't abruptly come to conclusions :rolleyes:

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  • Abhinaym
    09-10 11:09 AM
    I will update here for those who cannot enter chat

    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts

    Thanks Chintu! I'll look forward to your updates.


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  • andycool
    03-16 02:04 PM
    141,020 visa numbers used in FY2009

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.

    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.

    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)

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  • willgetgc2005
    03-20 07:26 PM
    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.


    Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.

    Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
    in 2007, you get in line ahead of candidates whose PD becomes current in 2007.

    So in effect all of us loose.


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  • cps060
    01-31 04:50 PM
    Just to add further, I am on H1-B with I-140 approved too. Instate-tuition etc are not my concerns now. Just whether he can get I-539 approval or he should plan for H4.

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  • sanju
    11-11 10:32 PM
    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments

    Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".

    I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.

    Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.



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  • gk_2000
    08-10 08:56 PM
    so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!

    so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.

    If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.

    BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way

    For the record, illegals do end up with green cards. One should have faith, like they do

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  • GCOP
    07-11 01:07 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3


    07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste

    The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.


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  • acecupid
    07-13 11:09 AM
    Was she sleeping all this while. Why did it take her 2 weeks to respond to the events that occured ? Looks like everyone wants a piggy back ride.:D

    We know your selfish intentions !!:eek:

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  • dressking
    09-28 05:13 PM
    What irked me is the attitude that they will take your money gladly but don't want you there.

    I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.

    In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.


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  • Leo07
    06-10 07:53 PM
    Thanks a bunch!

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  • supers789
    11-22 10:28 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?



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  • sri1309
    09-10 08:45 PM
    Personally for me, why do I need the citizenship?
    1) My parents don't want to come and live here.
    2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
    3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?

    You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.

    I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.

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  • rimzhim
    04-04 03:54 PM
    So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
    IEEE believes that ppl educated in the US should not be sent back and should actually stay here. I agree with that stance. After all, they want what is best for ppl born here and those who have been educated here. It is IEEE-USA :)

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  • bigboy007
    06-19 05:11 PM
    its illegal to take color photocopies of driver licences, ONLY send b/w

    07-24 01:20 PM
    Any July 2nd filers got their receipt #s?

    My package has been sent to TSC on July 2nd around 9AM by FedEx. Did not hear anything yet.

    03-12 10:26 AM
    I support this.

    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...

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