Thursday, June 30, 2011

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  • sledge_hammer
    02-12 02:55 PM
    So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.

    You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.

    That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.

    Since the two of you don't have answers to these questions of mine, I rest my case until that!

    You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.

    Once again -- Grow Up!




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  • munnu77
    04-23 05:08 PM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)

    we already have one..
    www.desicrunch.com




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  • shakunbansal
    09-13 01:10 AM
    Seems that very few people have recieved anything who have filed between 4th and 16th aug.




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  • adobe howm
    08-08 12:04 PM
    Congratulations.
    that is the good news. we are happy to hear this from you.

    you could have posted the same on here "EB2 India/China GC Approvals Starting Aug 1st 2008" but worth stating this on a new thread so that you have something to remember when you look back in future. ;)

    today is your official independence day from uscis. cheers :-)



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  • snowshoe
    06-15 08:23 AM
    My attorney sent our apps on June 1st, I do not have receipt # yet. Also I just gave the attorney one payment for the entire app, hence cannot figure out if the checks were cashed or not.




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  • delhiguy
    07-08 05:57 PM
    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.


    After reading your example about the GC i am very positive now, about the lawsuit



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  • reedandbamboo
    09-13 10:11 PM
    I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.

    Yes, It doesnt matter, we are going for it.

    Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.

    I will start with the letters and see what unfolds.




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  • cal97
    11-07 05:54 PM
    I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.

    btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.

    So that was it. Am going to wait it out patiently.

    I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.

    Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.



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  • GCapplicant
    07-27 10:09 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    Hi Dpp

    kindly dont use hell ! jealous , these type of words are not required for any argument.
    If you want EB2 I to get the visas and move forward...it will.

    I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.

    The guys from EB3I have been waiting all these years.

    Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.

    The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.

    When there is no movement ,this will be the reaction for the EB3 I people.

    When you are eager for yr Gc ,the same rule applies for everone.

    There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.

    Did you know the visa flow earlier?

    I never knew.People learn by experience.

    These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.

    kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.

    I participated in the mail campaign... We are fighting for the lost justice.

    Let us team as one and work best.Ever one deserves their own share.


    I am not here for any argument.




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  • maag
    05-30 12:12 PM
    Thanks Marty for all the advice.



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  • iam4u4ever
    08-04 06:48 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.


    hi, what are the requirements of self employment ?

    thanks




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  • sidbee
    07-28 01:14 PM
    Just Chill Guys,

    I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.

    There is no need to fight,

    If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.

    I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.

    I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.



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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • GreeNever
    05-03 10:48 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...



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  • senthil1
    10-25 11:02 PM
    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]




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  • vina92
    12-10 09:38 PM
    I am a physician working in underserved areas in MN. I am greatly appreciated
    in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.

    I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.

    I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.



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  • gc_bulgaria
    09-21 10:49 AM
    Hi
    I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.

    Because it has SRC as the starting alphabets (Southern Regional Center):p




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  • bebar
    06-06 09:00 PM
    No reciept yet..

    EB2 PD 05/2003




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  • fundo14
    06-06 05:02 PM
    fundo...did you land, how did it go?

    Hi Maag,

    I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.

    As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.

    What have you decided? do you know the procedure to get landing fee back?




    nk2006
    05-02 11:37 AM
    Where is the relief for foreign educated professional who is filed under EB3.

    They seem to exempt only for extraordinary ability ppl.

    Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).




    kumarc123
    05-08 05:51 PM
    You can still go to court against the congress, that is what is the freedom of constitution in this country.

    Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?

    We should pursue this with a litigation, PAPPU, how about these lawyers who keep flashing their advertisements up here, can we use their help?



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