chintu25
02-13 10:21 AM
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together
.
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together
.
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
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immi_enthu
07-26 07:38 PM
Anyone can make money in a ponzi scheme..quixtar people just stalk and talk to strangers and ask for their phone number.
Respect other people. Sorry if this offends you.
When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
Respect other people. Sorry if this offends you.
When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
tempgc
09-15 03:39 PM
EB2 approval of LCA or 140 is almost next to impossible now. I can dare to say this.
So consider new EB2ROW is almost negligible unless the one in the 140 stage get approved from EB2ROW (here also tough for approval but I can give chance to approval) come into the queue of EB2ROW.
This is a very big assumption which impact the EB2I progress a lot.
Also EB1 movement -- new EB1 filings should come down due to economy, so I see some EB1 numbers definitely more than previous year i.e 2009 coming to EB2.
So consider new EB2ROW is almost negligible unless the one in the 140 stage get approved from EB2ROW (here also tough for approval but I can give chance to approval) come into the queue of EB2ROW.
This is a very big assumption which impact the EB2I progress a lot.
Also EB1 movement -- new EB1 filings should come down due to economy, so I see some EB1 numbers definitely more than previous year i.e 2009 coming to EB2.
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manderson
02-12 04:35 PM
actually Philippines has it's own category in the Visa Bulletin. So technically it's not part of ROW. But practically speaking EB3 ROW dates and Philippines EB3 (previously Schedule A Nurses) are usually very close...
ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.
ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.
more...
perm2gc
10-04 06:44 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
sachug22
09-15 03:25 PM
Hi ocpmachine,
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
more...
sanju
09-23 11:03 AM
already bought a house in 2004.. so no immediate use for me! but I do like the idea! it will surely benefit me if the queue reduces even by 20%
although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!
This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....
although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!
This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....
2010 Justin Bieber and Selena Gomez
sugaur
05-31 12:58 AM
With Bush and McCain CIR there was atleast a chance for some relief for legal immigrants. Democrats are all like used car salesmen. I wont be surprised if they pass legislation to appease the hispanic community while leaving us high and dry.
more...
alisa
02-13 02:04 PM
Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?
I read this, and I was referring to this:
If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
If you see the entire post, you will see that the agenda is
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas
Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.
If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.
I read this, and I was referring to this:
If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
If you see the entire post, you will see that the agenda is
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas
Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.
If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.
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pady
07-24 12:23 PM
I had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?
more...
mbawa2574
02-14 01:34 PM
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
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vdlrao
09-15 02:44 PM
I just wondering seeing these estimated numbers, with out having a proper information, for the given years.
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immigrant2007
08-20 10:38 PM
I agree
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
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Marphad
03-29 08:21 PM
My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
more...
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texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
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sledge_hammer
05-29 11:11 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
more...
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Rb_newsletter
01-15 06:24 PM
then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........
I don't know if you guys heard about back dated H1 denials. If not below is a case.
Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.
But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.
I don't know if you guys heard about back dated H1 denials. If not below is a case.
Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.
But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.
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amsgc
07-04 11:53 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
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copsmart
09-24 08:10 AM
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
You are not buying Green Card, you are buying home which you will eventually buy at some point down the road.
I agree with Nixstor�s idea and I fully support it.
Even if the proposal doesn�t work, it would at least give some awareness to the lawmakers that expediting EB green cards would pump lot of money into this country�s economy. Plus, it�s a great selling point for representatives like Lofgren, who is trying to help us by defending 100s of amendments from anti-immigrants like King and Smith.
Not all EB GC seekers are rich, but they are rich enough to afford for a home.
So please refrain from posting negative comments.
BTW, feel free to give me red or call me jacka## like some other coward did.
thanks,
aps
You are not buying Green Card, you are buying home which you will eventually buy at some point down the road.
I agree with Nixstor�s idea and I fully support it.
Even if the proposal doesn�t work, it would at least give some awareness to the lawmakers that expediting EB green cards would pump lot of money into this country�s economy. Plus, it�s a great selling point for representatives like Lofgren, who is trying to help us by defending 100s of amendments from anti-immigrants like King and Smith.
Not all EB GC seekers are rich, but they are rich enough to afford for a home.
So please refrain from posting negative comments.
BTW, feel free to give me red or call me jacka## like some other coward did.
vrbest
07-22 12:27 PM
Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
u.misc
01-25 02:55 PM
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
