Thursday, June 30, 2011

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  • engineer
    07-08 12:33 AM
    1) I am EB3 ROW and my PD is Nov 22, 2005. My I140 is approved and my 485 is filed with Receipt Date of Aug 3, 2007. I have approved AP, EAD and finger printing is complete as well.

    Do you know how many EB3 ROW applications are ahead of me ?
    I am trying to understand how long it will take me to get Green Card ?

    2) What is the process to ask for information related to my case using Freedom of Information Act ?

    Thanks,





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  • gcfriend65
    06-28 09:14 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.

    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.





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  • chmur
    02-12 11:05 PM
    Some of the events in the last week seem to indicate so ??

    1. Writeoff FBI namechecks pending for > 180 Days
    2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months


    Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.

    Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.


    Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.


    I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.

    Am I dreaming....has USCIS got it's act together??


    I forget , IV was not around 3-4 years back.


    But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .





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  • fairman
    08-15 10:47 PM
    I believe visitors get finger printed and photographed . Isn't that in the system ?
    If they felt suspicious on this 'khan' they should have pulled the records from computer .
    Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.



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  • snthampi
    07-30 11:58 PM
    Gave you green for making me laugh. I am adding step 8.

    8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.





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  • soljabhai
    12-14 04:55 PM
    well as of now, 15 October 2002 is the Cut-off date for ROW EB3 is not much worse than the cutoff dates for the other oversubscribed countries. (somewhere in 2001). Considering we are on the threshold of 2008

    In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.

    So I don't understand how would ROW EB3 be much worse off than now.

    The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.



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  • Beemar
    03-30 10:19 PM
    Liked this one. Modi has a biting sense of humor :)

    As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.





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  • tikka
    07-04 12:57 PM
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal


    DIGG PLEASE



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  • mheggade
    07-22 12:18 PM
    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.

    Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.

    They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.





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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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  • Legal
    07-21 05:38 PM
    vdlrao,
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?





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  • gc28262
    09-26 11:13 AM
    I sent the email to my local congress man who has an anti-immigrant stance.

    Here is the response I got from him( It is probably a standard response for financial crisis)

    ---message starts------
    Thank you for contacting me regarding our country's financial crisis and the administration's bailout proposal. It is good to hear your thoughts on this very important situation facing our country and I share in your concerns.

    As you know, Treasury Secretary Paulson and Federal Reserve Chairman Bernanke testified recently before Congress about their proposal to spend $700 billion to purchase the debt of financial institutions, improve our credit situation, and stabilize our economy. I reviewed the proposal carefully and, like you, I had serious concerns about this proposal such as the blanket authority removing Congressional or legal oversight, the implied reward for unwise financial behaviors at the expense of honest Americans, and the long-term expense to tax payers without a mechanism to press criminal charges upon those who are responsible for this situation.

    As a consequence, I offered an alternative measure. According to the Department of Treasury, there are two problems that need to be addressed: the short term liquidity emergency, and the long-term toxic mortgage asset holdings. To address the liquidity emergency, my plan would reduce all personal and corporate capital gains taxes to zero percent for one year, reduce the Federal Funds Rate (FFR) to zero percent for one month with a reoccurring month to month option, and allow the Department of Treasury to loan current funds to lending institutions at the rate of inflation plus three percent or LIBOR plus three percent. This plan would get the markets moving and allow Congress adequate time to address the mortgage assets situation while we investigate those corporations or government regulators who may be criminally negligent.


    One of my most important roles as your Congressman is to be a responsible steward of tax payer funds and, while my proposal remains an option, there are many proposals still being debated and it is unclear what the final product will look like. I will be sure to keep you informed of what happens as we move forward.

    ---message ends------



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  • syzygy
    07-12 04:57 PM
    And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.



    I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
    Will appreciate if someone can shed more light or post a link.





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  • paskal
    02-14 08:23 PM
    http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms

    The Supreme court has the right to strike down laws effecting people


    my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
    the fact that a law inconveniences people is just not enough ground.



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  • old_hat
    05-01 07:24 PM
    When people in Haiti or Fuji are concerned they were people of Indian origin who were forcibly taken by British folks as cheap labor. These guys went from India. Sri Lankan Tamils are most likely natives of Sri Lanka. Bangladesh and West Bengal share the same language but that does not make people from Bangladesh Indians. People of Punjab in both Pakistan and India speak the same language and it does not make people of Pakistan Indians. So in effect the civilians involved in Sri Lankan conflict are not Indians.

    On the other hand, Indian government must help the trapped civilians (not the LTTE). LTTE is a terrorist organization and should not be helped. They have targeted Indian PM, Indian Tamils, fellow Sri Lankan Tamils and dissenters at different points of time and should not be helped. LTTE has used civilians as human shield and Sri Lankan army have not stepped back from hitting civilians. It is reasonable to pressurize Sri Lankan govt to help the trapped civilians.





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  • snathan
    01-19 02:00 PM
    Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
    I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.

    I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.



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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.





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  • EndlessWait
    06-28 03:48 PM
    I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?

    Did anyone else hear this?? Can anyone post a valid link to this other than

    OH OH OH OH Mathew site link????

    :D :D :D :D :D
    :D





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





    veni001
    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."





    msp1976
    02-13 06:07 PM
    Well
    I have friends that make 3 times as much as I do...The only difference is that they have a GC and I do not..and I am making much better than an average American....

    So your saying that I am not suffering is not soothing to me...It does not reduce my pain.....It does not convince me in any way....

    Not just that...My friends who chose not to come to America now have a higher net worth than me....So coming to America has not exactly been a great thing for me....More over whatever you are saying is just salt on my wounds...nothing less than that....



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