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  • ItIsNotFunny
    10-16 10:23 AM
    I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
    Congress need to change that rule not USCIS.

    Know your facts before suggesting something that doesn't work!!!

    I still don't believe that USCIS has no say in spill over - think again :)





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  • prioritydate
    12-20 08:42 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.





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  • diptam
    07-05 12:42 PM
    Lets stop this thread and core decide about this ( who are running IV )

    This is creating lots of discussions and nothing will come out apart from
    wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0

    I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.

    Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.





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  • vandanaverdia
    09-10 03:34 PM
    You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!



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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.





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  • meera_godse
    01-31 02:15 PM
    1. Is travel advisable or even permitted during such a transition ?

    2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?

    3. what if one travels when H1 has been filed but not yet received.



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  • walking_dude
    10-30 06:38 PM
    Thanks for sending the FOIA letter. I don't get the not able to vote part! Every logged in IV member should be able to vote. Where you logged in?

    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.





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  • rimagupta
    07-05 03:26 AM
    Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.

    There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?

    In addition, many 2001+applications are still stuck at namecheck.

    Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.


    Source:

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm
    others: various law firm sites, including

    www.ilw.com
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument

    ------------------------------------------------------------------------

    Estimated new 485 filings. : 700K is conservative. May be wrong too.

    LC s certified from BEC: about 200K (from 2001 to 2005 filings)
    PERM Certifed labor: About 200K (from Mar 2005 to June 2007)

    Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.

    The dependents for 300k will be 450K (1.5 times primary)

    So total AOS applicants will be 750K just based on LC. Excluding EB1.

    -----------------------------------------------------------------------



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  • abstractvision
    03-19 11:31 AM
    I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
    Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
    I will call again on Apr 4th and keep the forum updated.





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  • srkamath
    07-20 01:32 PM
    ........ If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.....

    Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.

    However, i must say that your point sounds plausible.



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  • sweet_jungle
    02-15 03:14 AM
    I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.





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  • pyaradesi
    02-06 07:30 AM
    Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
    Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
    1. Can we highlight past distinguished immigrants who have come thru the EB channel.
    2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
    3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
    4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
    5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
    6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
    7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
    9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.

    This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.

    IV Core team, please lead the way, even if there may not be 100% consensus.



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  • msp1976
    12-13 10:07 AM
    Hi
    I am Mukund From Edison NJ...
    msp1976@yahoo.com





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  • nonimmi
    03-07 11:17 AM
    Someone said it takes about two months for G-28 to take effect. Sometime jobs changes may not allow that much time. So for that duration RFE or other documents may still go to last attorney. Is there a way to do it online or request for immediate transfer?

    Also - if we represent self and later for some complex cases we need experienced attorney help do we need to file G-28 again?



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  • sk2006
    02-27 07:56 PM
    Who still thinks this is a normal depression? I feel like saying "I told you so".

    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.





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  • wizpal
    08-15 09:52 PM
    Guys,

    Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.

    I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
    --------------------------------------
    Be the change u want to see in this world.. Mahatma Gandhi.



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  • singhsa3
    03-04 01:30 PM
    Done, thanks for your comments
    perhaps you want to make it even simpler?

    - Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
    - instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.

    copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)





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  • vagish
    04-04 03:03 PM
    This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?

    sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
    guess what if they pass a bill to reduce retrogression along with other provisions,
    like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
    Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
    there won't be any free riders any more , many in america are becomming aware of this day by day.

    thanks





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





    dtekkedil
    07-16 06:18 PM
    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..


    The only way to counter this is to fax the senators and reps stating the "real" facts!





    ramus
    07-03 03:07 PM
    bump.



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