
poorslumdog
09-04 12:38 PM
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
Dont tell me your crap stroy. First do it and then we can talk.
Dont tell me your crap stroy. First do it and then we can talk.
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qasleuth
05-28 11:55 PM
[B]
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?

JunRN
09-23 02:34 AM
I like the idea and I support it. Just want to make sure that we offer something that is acceptable to both Rep. and Dem.
At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.
I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.
At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.
I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.
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lc1978
01-13 02:23 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
more...

anilsal
11-12 11:57 PM
As for the people who have benefited, there is something to be said about being in the right place at right time.......
Curious as to how many of them will have negative feelings towards CIR, SKIL or H1B quota increase. I am sure the percentage will be high.
Lots of big companies have made use of this labor substitution.
Curious as to how many of them will have negative feelings towards CIR, SKIL or H1B quota increase. I am sure the percentage will be high.
Lots of big companies have made use of this labor substitution.

Lasantha
02-13 11:19 AM
There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
more...

panini
05-17 05:34 PM
You are partially correct BharatPremi. The Sinhalese migrated to the island long before the time of emeror Ashoka and not from Orissa. According to the written history of Sri Lanka they arrived about 2500 years ago from the region of Bengal (which is refered to as the land of the Vanga people in SL history). The exact kingdom they came from as supposed to be located in present Bangladesh. By the time of Ashoka the Sinhalese had already established their first kingdom with the capital in the ancient city of Anuradhapura. In fact Budhism was first introduced to Sri Lanka by Arahat Mahinda who was the son of emperor Ashoka. By the time he arrived as the head of one of the buddhist missions the emperor Ashoka had sent to the regions around India, he was welcomed by the Sinhalese king Tissa and the whole country embrased Buddhism.
The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.
So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.
So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
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gcdreamer05
07-03 01:43 PM
This is a question to the attorney.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
more...

samay
07-29 10:58 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
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logiclife
06-27 07:15 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
more...

snthampi
07-31 11:52 AM
Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.
Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.
Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.
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snathan
01-22 04:06 PM
No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.
Then please pack your bags and leave the country in the next flight.
Then please pack your bags and leave the country in the next flight.
more...
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hiralal
06-11 08:12 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
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chanduv23
09-04 10:35 PM
This MF doesn't even have minimum decency to just leave alone a Dead Man.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
more...
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sanju
09-23 12:06 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.
Senator DSLStart,
At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.
Disclosure: For the record, I own a house.
Senator DSLStart,
At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.
Disclosure: For the record, I own a house.
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Googler
02-18 03:58 PM
I do not understand why out of 205 people who voted yes, nobody has :
1) Contacted an attorney with his own money if they are so interested?
2) Nobody has agreed to become a plaintiff except Googler.
Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.
I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.
Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.
I've said this before but perhaps I'll have to say it many more times till it sinks in
... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?
For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.
As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)
1) Contacted an attorney with his own money if they are so interested?
2) Nobody has agreed to become a plaintiff except Googler.
Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.
I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.
Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.
I've said this before but perhaps I'll have to say it many more times till it sinks in
... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?
For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.
As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)
more...
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ss1026
03-29 01:38 PM
To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:
This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
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sumagiri
07-23 08:04 PM
Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
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test101
07-03 08:11 PM
do you mind using what you wrote for emaling the media ?
thanks.
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
thanks.
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
boreal
05-29 01:42 PM
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
at0474
12-13 04:12 PM
I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.
--Well said.
--Well said.
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