Friday, August 5, 2011

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  • kshitijnt
    07-17 12:39 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    For short term yes. Long term No.

    If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.





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  • Legal
    07-22 09:38 AM
    USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

    BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

    THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


    TIME is REACHED FOR IMMIGRATION REFORM.


    vdlrao,
    I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.

    Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.





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  • GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?





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  • SDdesi
    07-28 08:17 PM
    I still believe in EB2 will try to catch up current by next October.

    My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.



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  • tikka
    07-04 08:18 AM
    I sent this email to around 500 media contacts

    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,

    for your efforts





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  • pnara2
    01-05 06:05 PM
    Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!



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  • Macaca
    01-15 07:53 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone.

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".


    No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1.

    If american public gets exact data about outsourcing then they will oppose that also and goverment has to act.

    But there is no legal binding for Government or Corporations to give data about outsourcing.


    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that.

    Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues.

    If they relax the rules fraud will increase and if they tighten it then some good persons also impacted.

    You have unbounded capacity for posting complete gargage.

    My morning post, deleted by IV geniuses, was for this garbage that dominates IV boards: a self inflicted wound.





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  • ujjwal_p
    05-11 09:07 PM
    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things,

    Get your facts right first. India is not actively supporting Sri Lanka. It would be suicidal for India (especially considering nutcases like you that exist) to even think of that again. Sri Lanka is using Israeli UAV's and Chinese fighter aircraft and artillery to fight the LTTE. In fact, India is at a strategic disadvantage now because we choose not to help Sri Lanka militarily. And in fact, Sri Lanka has always suspected India of supporting the LTTE. Read about the "string of pearls" geopolitical strategy of China before letting your emotions run crazy.



    India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.


    India rightfully doesn't care about the LTTE. LTTE is a terrorist organization. Period. They killed a former Prime Minister and it doesn't matter if you support the Congress party or the BJP. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with Mullattivu. As soon as that stage started, Shiv Shankar Menon, the Indian Foreign Secretary went and conveyed India's concerns to the President and other higher officials in Colombo. You tell me what India should do. Should we send the IPKF again maybe? Let's get realistic.


    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    Fine, I don't agree with my government all the time. But I don't say I'm ashamed of my country like you did. In this situation, India does not have any control unless we want to go to war with Lanka. And the LTTE is a terrorist organization declared by the USA. So now genius you tell me,what should we have done.


    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Awesome. Good for you. India won't miss you either. And I can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the US says something about the Lankan conflict or any other conflict which you disagree with you'll bolt to Canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what India or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.


    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This is issue is personal to me and I have strong opinion on this.



    FYI, I am not Tamilian but I have lived in Tamil Nadu for more than 10 years and can speak it fluently. Needless to say, I have a lot of Tamilian friends and know the culture. I understand the suffering that the Sri Lankan tamils are going through, especially in the Mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?

    Anyway hopefully, this will mark the end of the sufferring of both Sri Lankan Tamils and Sinhalese from now on. Both sides in that country have gone through enough already.

    Also I give a rats a** how long you've been in IV. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.



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  • bitu72
    10-03 04:27 PM
    I plan to do it Myself, need some help & suggestion

    1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they

    consider degree from India as valid with any evaluations.

    2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot

    of paystubs so that it looks complete, appointment letter, W2 forms.

    3. Bank statements

    4.Mariage certificate + Birth related documents (notarized)

    5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
    get waivered of you English test.





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  • unseenguy
    05-29 02:54 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.



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  • lazycis
    02-15 04:08 PM
    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.

    Here is the story. DV immigrant is eligible to receive visa until fiscal year end. After the fiscal year ended, a DV immigrant is no longer eligible to receive visa.
    8 USC 1154(a)(1)(I)(ii)
    (II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.





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  • ujjwal_p
    05-11 09:19 PM
    To respond to your other post...and FYI

    Check this link or goolge to know more about US flag burning protest

    http://en.wikipedia.org/wiki/Texas_v._Johnson

    That's not the point dude. Do you think just because its legal, its acceptable and people are burning flags everyday. What are you smoking brother?



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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?





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  • rick_rajvanshi
    05-25 11:21 AM
    Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?


    Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.

    start here http://www.cic.gc.ca/english/immigrate/index.html



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  • Macaca
    01-28 09:22 AM
    The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.


    This is exactly what IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html)is asking for us. It is not good for us now, it will not be good for us later and it is not good for anyone.

    We need to educate ourselves about these issues. Ignoring them will not help. Just because we ignore it does not mean that the person voting on our bill is also ignoring it.

    Based on such issues that I learn everyday, I am not surprised our bill is not passing.





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  • venetian
    07-29 04:46 PM
    I agree with some earlier posts that CP numbers might be low from retrogressed countries, many of my friends and acquaintances from India had dropped the plan for CP route because unlike 485, they cannot file for EAD for their spouses.

    With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.



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  • dreamworld
    05-03 12:59 AM
    Some one talking about the fellow decendents...Indian...

    1. Srilankan Tamil is not Indians...
    2. Most support Malasian tamil issue because.. it is having some sence...

    So don't campare the things... See the issue as stand alone...

    You created your forum-id just for discussing Tamil issues. So i suspect you seemed to be browsing around this site to make some noise. This community/forum heard your voice and your views on this topic is not popular at all. So learn why not popular and learn the truth.

    You seems to have very basic insight into these issue and trying to pick forum fight.





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  • Caliber
    09-04 02:08 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.

    Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.





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  • roseball
    06-28 06:35 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....





    alisa
    06-28 08:44 PM
    If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..

    Sure!!!
    Nothing will come out of it.

    Whats the difference between God and USCIS?
    Atleast God doesn't think that He is USCIS.

    So, relax.
    In the worst case scenario, we will be no better off in July than we are in June.





    Kushal
    07-27 06:09 PM
    Kaushal,
    Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
    Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.

    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!



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