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  • shreekhand
    07-04 10:28 PM
    A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations

    1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.

    2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.

    3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !

    4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.

    5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)

    6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
    If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
    But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!

    Loose ends:

    1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.

    2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!





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  • anurakt
    12-27 06:49 PM
    Dude,
    That is what they are afraid off. They want you to go to your home country and not sneak into their country.
    Many ppl go through European airports during transit and then ask for Political asyslum. Many Tamil Tigers did that so did sardars during khalistan times.


    This all started after 9/11 , having a valid US visa means that you have gone through the security check...else when u apply for transit visa, they do these checks for you......





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  • cygent
    03-17 04:32 PM
    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • Administrator2
    06-10 09:20 PM
    PLEASE PLEASE PLEASE SEND THE MESSAGE. WE WILL ALSO START WITH THE PHONE CAMPAIGN IN THE MORNING.

    Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.

    ************************************************** ***************

    COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON’T NEED GUEST WORKERS

    Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill


    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.

    Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.

    At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.

    Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.

    The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.

    The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.

    If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders’ office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.

    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************



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  • boreal
    12-28 02:35 PM
    I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
    If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?

    Thanks for quick response. I need to let the new employer know of my decision.

    Saeed:confused:

    You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.





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  • xyz2005
    07-18 11:25 AM
    OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.

    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.



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  • Legal_In_A_Limbo
    03-07 11:07 AM
    I think this is out of topic, but regarding AC-21.
    My husband is changing jobs, so he wants to file G-28 by him self.

    Has anyone done that, and can help that will be great.

    Thanks.





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  • StuckInTheMuck
    07-28 12:52 PM
    Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.

    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(



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  • gcisadawg
    12-14 11:20 PM
    kumar1,

    I agree to most of the points you wrote. I believe there is one thing that you missed.

    H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

    Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
    They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg





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  • Gravitation
    02-20 05:18 PM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.



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  • paskal
    07-03 03:51 PM
    I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
    at the maximum, youngsters will do this once ..to get some American experience.
    just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
    and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.



    nixstor,

    they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
    I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.

    albertpinto:
    it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.





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  • pitha
    06-12 07:53 AM
    our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.


    so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue

    he does'nt even know we exist

    CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,

    we certainly don't need sweeping legislative chance to reduce retrogression



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  • tikka
    07-05 11:28 AM
    http://digg.com/politics/Reversal_Fr...ard_Applicants


    thank you





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  • NKR
    07-28 01:10 PM
    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.


    Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.

    When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.

    The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.



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  • chmur
    09-10 06:53 PM
    It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.


    Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.

    I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.

    I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .

    Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.





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  • pointlesswait
    07-28 05:02 PM
    DELETED!


    I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?



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  • mmk123
    06-10 04:06 PM
    done. thanks!





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  • jcmenon
    07-24 02:49 PM
    jc menon...have u ever taken a law class? - No
    do u have a jd? - No
    why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole

    we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
    Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.

    Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.

    No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.





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  • PERM12
    08-11 11:42 AM
    All,
    count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...

    Flexibility to leave the current job and go join a college without worrying about status
    Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
    Flexibility to change employers and get a better position and offer
    Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
    Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions

    most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.

    Lets also work for drastic change in the employment based work permits.





    vandanaverdia
    09-11 04:51 PM
    ACT NOW!!
    Come now to DC... GO IV!!!





    minimalist
    10-20 11:47 AM
    Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.



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