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  • jthomas
    05-31 01:41 AM
    ...





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  • snathan
    01-15 06:17 PM
    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. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants





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  • Widget
    02-18 03:35 PM
    I fully agree with you. the point is that we are not powerful (EB peopel) in order to force the gov to do something about it. The farmers, illegals, helathcare EB peopel are in much better situation than us (regular EB peopel).

    My children are doing very well in schools and they are much better than any average student in the class and I can not take them back to my home country after they have achived good grades. My wife ca not work because she is an H4 holder, I can not take buy a house because I am not sure if I am going to have a job for more than 2 years.

    it is a very difficult situation and I have to think about a back up plan after beeing in this situation since 2003. By the way, I an ROW H1 holder.

    I have and approved I-140 (PD 01/2004) and I can not file for I-485.





    I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.

    Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.

    Then I learnt about IV. And I learnt about the problems.
    Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?

    So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.


    But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.





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  • gcfriend65
    06-26 01:53 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15. Therefore, they mentioned as a footnote in the Visa Bulletin that DOS will retrogress numbers in September 2007. I again quote below:


    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Reference:DOS website.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.



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  • real_jr
    05-29 04:56 PM
    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:

    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.





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  • eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.



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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • hiralal
    06-02 10:16 PM
    DO i = 1 to Infinity:
    discuss /* lawsuits, letter campaign etc etc */.
    discuss some more.
    pessimists dismiss everything. /* start again */
    End.

    That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
    for every good point there are 100 naysayers, cynics and pessimists !!



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  • racoon786
    07-10 11:44 AM
    I am planning on moving to Canada in the next 12 months since I already have PR there. I have no hopes for getting GC any time soon and wouldn't want to be toyed by the USCIS, DOS, Senators and all the anti-immigration lobbies out there.





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  • shukla77
    05-29 03:32 PM
    I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.


    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    .



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  • manubilga
    02-13 07:35 PM
    I Am Candian Citizan With Eb3 Pd Is Nov 04 And I 140 Approved In Sept 06 I Do Not Know How Long Take To File I485





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  • eastindia
    01-25 02:45 PM
    Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010



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  • Abilash
    08-08 07:48 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...





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  • gc4me
    02-13 01:11 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.



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  • h1techSlave
    12-13 02:59 PM
    The Law makers don't want to colonize America.


    They already DID colonize America a few centuries back:)





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  • vdlrao
    09-17 02:03 AM
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
    These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.



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  • GCBy3000
    11-09 10:11 AM
    Well said. These kind of feelings are general for human beings. But thinking and worrying about any problem is not going to fetch you anything. If anyone has problem, then they have to start thinking about a solution. This is help them to overcome the the real problem. Thinking and worrying about it will make the problem wrost.

    Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.

    So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.

    Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.

    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





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  • bayarea07
    07-28 03:07 PM
    Hilarious Post and good way to tackle these guys, You Just made my day

    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.





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  • alisa
    06-27 09:58 PM
    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.

    I agree. Its just one headache after another.

    But why July 2nd?
    If they really want to, they can 'U' the entire July.

    There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.

    USCIS is the king of the jungle here.

    But if they do this, this will be cruelest joke on thousands of people.





    H1BinNY
    07-04 09:48 AM
    Kitty Eisele

    keisele@npr.org





    Picasa
    07-27 03:08 PM
    If you are making lot of money "more than $115". Please donate it to IV.

    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.