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  • lazycis
    02-13 01:11 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.





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  • rongha_2000
    07-26 02:42 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.





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  • Macaca
    01-13 08:19 PM
    people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).


    This is done by the executive branch.

    Matloff and Hira (via dustbin and grassley as part of curry bill) have been trying to do this legislatively.

    Why are they still trying legislatively (as part of CIR 2010) if it can be done by USCIS?

    Why wait so long? Is it Obama's gift? to curry?





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  • sargon
    04-01 12:36 PM
    3. Your dedication is appreciated regarding immigration issues. Please don't go away. I see you as a valuable asset in group.

    Do you mean to say, he is the comic relief in our grim and gritty journey towards GC?



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  • Kodi
    05-02 03:07 PM
    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?





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  • gonecrazyonh4
    11-11 01:50 PM
    While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
    yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.



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  • gc_on_demand
    08-04 07:57 AM
    Hello VDLRAO ,

    People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?





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  • nomi
    09-29 02:59 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping


    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You have to live two years in Canada in order to get your Canadian
    Citizenship.



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  • gc_check
    06-15 01:45 PM
    Luck does plays in big role in EB Immigration.

    Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.

    There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
    http://www.murthy.com/news/n_ebvisa.html

    I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.

    We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...

    But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.

    Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.

    It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.





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  • akred
    09-23 12:11 PM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    A better justification would be that doing so will avoid bringing new supply on the market from people moving to their native countries.

    FWIW, the home I bought in 2001 is paid off, but I wouldn't mind buying another one if this comes through.



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  • pointlesswait
    09-14 04:45 PM
    This a very optimistic prediction....

    i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.

    my 1/4 cent





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  • sweet_jungle
    02-12 11:39 AM
    huge move for EB3 ROw. it was expected I think.



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  • Macaca
    06-27 08:56 AM
    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!





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  • vbkris77
    01-14 01:40 PM
    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...

    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..

    But I wouldn't hold my breath for that day...


    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao



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  • eastindia
    01-16 09:54 AM
    I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
    Let me enjoy on potential demise of Body shopper including my ex employer. I am ready

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.





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  • soljabhai
    12-14 09:45 AM
    good post. and good find.



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  • dupedinjuly
    07-04 01:21 AM
    IV release.:Please send it to other media offices and free press release distribution services
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html

    I have joined immigrationvoice today. I did contact all the major newspapers in Utah. I was called back by DeseretNews. I was called back and gave almost and hour of interview (more than one call). The story publication in Deseretnews is imminent on July 4 or 5.

    Hi,

    The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants trying to immigrate legally. Legal immigration is the real issue. If it works, there
    will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
    illegal immigration is to make legal immigration work. Unfortunately, the government is going
    in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
    I would be happy if you would be kind enough to publish this story and bring the issue
    of legal immigration to light. After all, thats what everybody wants, immigration to be
    orderly and legal, but is it workable ? and why people trying to follow the law feel
    cheated and duped by the government, after waiting patiently for years and abiding to
    the laws.

    Regards,

    No Celebration For Thousands of Highly-Skilled Future Americans this July 4th
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies Bait and Switch
    http://www.aila.org/content/default.aspx?docid=22804

    Legal workers lose chance at green cards - Associated Press
    http://hosted.ap.org/dynamic/stories/I/IMMIGRATION_GREEN_CARDS?SITE=CAANR&SECTION=HOME&TEMPLATE=DEFAULT

    Further References:
    www.immigrationvoice.org
    www.aila.org
    www.shusterman.com
    www.murthy.com
    www.immigration-law.com





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  • ash27
    05-29 12:35 AM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....





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  • _TrueFacts
    09-08 10:37 PM
    For all the real estate corruption and money laundering during YSR's regime. Satyam Computers ex boss, Ramalinga Raju should be freshly interrogated and feds should take over his case.





    saketh555
    09-15 06:08 PM
    I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
    Can't really guess EB3, not even GOD.





    lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf