Saturday, July 2, 2011

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  • Openarms
    05-29 12:38 PM
    this exactly I thought when I read this
    "When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"

    What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!

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  • sangmami
    06-28 09:46 AM
    Are they predicting just mid month retrogression or early month retrogression?

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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!

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  • ramus
    07-03 08:25 PM _Americans/who

    got 156 so far..

    We need more then this.. tin - 107 _Americans/who- 127

    we can also digg the comments

    thank you


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  • invincibleasian
    01-27 09:38 PM
    Go for it! Life itself is not fair!!

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  • chanduv23
    07-04 11:43 AM
    I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.


    Dear Senator,
    I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.

    The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.

    Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.

    When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.

    This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.

    In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.

    Dear Senator,
    I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.

    Thanking you,

    Yours sincerely,


    thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.

    Good one - contact macaca or sertasheep


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  • tikka
    07-04 09:28 AM
    I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize them here.

    I will add issues from here! thanks

    yeah thats what i meant.
    the adds on in red are from the other thread....breaking news...

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  • mirage
    07-04 08:48 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

    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 .....Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,


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  • jasmin45
    09-04 07:11 PM

    Did you guys let ChanduV23 go of the hook? :D:D:D.. I see him hanging in here..;)
    May be you tried and mud didn't stick on him han?
    Long weekend is ahead folks.. go easy on each other:) have a wonderful labor day...

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  • vpadman
    02-13 10:17 AM
    Somebody suggested earlier that we should all contact our lawyers , and ask why they have not filed lawsuits yet.

    I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.

    Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.

    I have nothing against the lawyers, they are running a business and need to maximize profit.


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  • gimme_GC2006
    08-17 02:14 PM
    I think this is blown out of proportion.

    First thing what exactly "detention" means? Did they tie him up upside down for 2 hrs?

    May be they took him to a room, where he waited along with the common India politicians and filmli ones may get to jump the lines and get special they never knew what it is like standing in the line.

    SRK should use his common sense and keep quiet rather than making a fuss out of nothing..he is not APJ kalam to demand or deserve special treatment.

    I remember last year, there was a news about SRK making noise in one of the European airports where he was not allowed to board the flight ahead of others and he argued with airlines staff that "I am SRK".

    Note: I am not a fan of SRK..was never and will never be. I am Aamir Khan's fan :)

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  • nixstor
    09-23 02:26 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.

    I hear your pessimism on the exemption from quota. The write up here is an attempt to bring the committees on both sides to the table and let them decide what they want to do with it. The solution quoted here will not be as it is if it were to be drafted by folks on the hill. In normal conditions, exemption from numerical limits is a big issue, but given the surplus of homes, 11.5 month inventory and ever growing foreclosures, rock solid mortgages EB applicants qualify for, might make such exemption possible in a situation that is referred to as once in a century thing.

    20% down payment on sale price is a sign of good borrowing habits in the mortgage industry. Last time when I checked approximately 800 visas were used in EB-5 yearly. Thats a different story.


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  • Jerrome
    09-14 05:05 PM
    Your assumption is correct, But i am not sure if the spillover happens every quarter. Are you sure it happens every quarter. I thought it happens only @ last quarter.

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  • BharatPremi
    09-24 12:06 PM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.

    1) Spillover within preference first and then to country

    Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
    EB3 category
    2) Spillover within contry first

    Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.

    Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.

    In analysis we need to assume one or other path and that is what I did.

    Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.


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  • johnggberg
    07-10 07:29 PM
    but wish you all the best of luck in canada.

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  • amitjoey
    01-13 12:27 PM
    I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.


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  • unseenguy
    08-16 02:29 PM
    Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.

    No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.

    If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.

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  • Jerrome
    05-11 05:15 PM
    my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.

    My point is simple,
    As long as the discrimination is there in SL against tamils, the war won't be won. You can eliminate LTTE but not the root cause of the problem.
    Let us see what your govt is going to do after removing terrorism from its soil. my bad no one can see or write about this right. i think i have to get information only from because there are no reporters(even singalese) left in SL.

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  • greencard_fever
    07-25 11:44 AM

    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    09-23 08:19 PM
    Well, here�s some more stat : Base on GC allocation of FY 2008 ( ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.

    07-24 06:15 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "Some thoughts on India E2 movement over the next two months.
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters."

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