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  • Googler
    02-14 03:30 PM
    Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

    There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

    Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.





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  • angelfire76
    05-29 09:22 PM
    Five letter word: U N I T Y

    How many EB1 people do you see on this board?





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  • nixstor
    02-14 03:24 PM
    Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).

    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?





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  • rishimehta
    09-12 05:25 PM
    I worked for the company X for 5 Years . During this period My labor was approved in PERM in EB3 PD 05/15/2006. My I - 140 was alos approved Sep 2006 in EB3. I left the company X & started to work for another technology company Y. In July of 2007, I applied for the I-485 via Company X based on Future employment. I-485 is pending since July 2, 2007. Also applied for EAD & Advance parole which latter got approved. Meanwhile, I have an old labor pending with Company X which got approved with PD of Jan 23, 2003 in EB 2 Category. Company X applied for I-140 based In EB2 PD Jan 2003. This I -140 got approved in May 2008. Company X requested Interfiling with USCIS. Meanwhile I Changed jod & started working for company Z with H1B Transfer.

    Here are my questions:
    Can I revoke AC21 with my new company Z?
    What happens if Company X closes before my I-485 is approved or an RFE is received.
    What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.

    Your response is aapprciated.



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  • tjayant
    10-04 07:25 PM
    Hi Guys,
    I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
    -Jay





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  • software7
    05-31 07:06 PM
    this pending I485 applications include dependents



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  • psgprasad
    07-03 04:34 PM
    Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS

    The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.





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  • PlainSpeak
    01-14 08:17 AM
    to some of your points, but
    is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?

    amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).

    When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.

    And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.

    As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.

    I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.

    You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.

    One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.

    And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.

    For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."

    I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
    My Friend ActAccord thank for saying things the way they are. And i am especially thankfull for the fact that you made it clear that you do NOT yet have an opinion on on topic at hand. People should discuss the pros and cons of any idea and come up with an approach based on that discussion.

    From where i am standing i do not see you as a junior member. I am sure that maybe sometime down the line you and i might be on the opposite sides of a discussion and may not agree on an approach but we would still have respect for each others dedication to their point of view.

    Now if you have been on this forum for sometime now you know what is going to happen next when everyone wakes up and reads your first post. You will have all these so called senior member (nothing senior about them) and junior members who will come at you from all sides with both fists swinging and abuses so brace youselves and give a fitting reply to anyone who disses you just like how you did to GreyHair down below



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  • sanjay
    03-31 10:48 AM
    Dude, I respect your view....but I dont think I have the apetite or heart to support or vote some one who has the blood of 2000 innocents in his hand. The Supreme court rightly called him "the modern day Nero". I think we Indians can do better than the Modi's, Tytlers and Shahnawaz's of this world.

    Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.

    Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.





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  • bfadlia
    02-16 02:57 PM
    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.


    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later



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  • krishna.ahd
    02-18 09:18 PM
    This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
    Even one inch wider gate also will reduce few years of waiting





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  • Dakota Newfie
    05-09 12:46 PM
    For physicians (especially specialists), opportunities abound in Canada! However, the pay may not be as good as the U.S. because of the government controlled (and each province controls its own) Medicare System. The medical system in Canada is always looking for good doctors and most often offers "incentives" for recruitment. Ontario and Alberta tend to offer the best opportunities but British Columbia has the best climate (i.e least amount of snow, warmer).



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  • mchundi
    01-23 06:04 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.





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  • vdlrao
    07-16 10:25 PM
    Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.

    http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
    http://www.immigration.com/newsletter1/permstatsjune08.pdf

    Total Labors approved in year 2007 --> 85,112
    Total Labors for India in year 2007 --> 24,573.
    Total Labors for China in Year 2007 --> 6,846

    Total labors approved from Mar 2005 to till May 2008 --> 209,393



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  • furiouspride
    08-02 07:55 PM
    One of the things that I've observed about these 'IBO's is that most often they are underachievers in general. Mostly staying home over the weekends, hardly any communication skills, no good friends (no your IBO partners are not your friends), low confidence and plain arrogance. They are asked not to take NO for an answer. So anything that you say against them annoys the hell outta them. I know I should not be using such derogatory language against any person but I seriously feel this corporation is plaguing our society big time.

    I have a co-worker who downs at least 5-6 cans of their flagship product 'XS Energy Drink' everyday. He hardly moves from his desk all day so why in the world would he need an energy drink for? One day, the rest of the team confronted him and asked him if he even knew what was in the energy drink. He quickly got angry and snapped back "VITAMINS!!!". We were like WTF? Since when did energy drinks started to have vitamins in them? Finally, I showed him the contents of the drink: #1 Taurine, #2 Caffeine. So it's nothing but fukking Red Bull. And we all know 'Red Bull gives you wings!'. Wish it gave you brains too.

    Another co-worker asked him if it'd be OK to give that drink to his 5 yo when he thought that it was alright for him to gulp gallons of it. He snapped again saying "OF COURSE! In fact she drinks small quantities of it everyday." A 5 year old kid drinking Red Bull. Can you beat that? Just coz this idiot wants to earn more points. That is when I got seriously pissed!





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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.



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  • gjoe
    02-14 03:27 PM
    How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully


    .
    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.


    BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.

    LET US RISE UP AND MARCH FORWARD.





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  • dan19
    05-09 02:38 PM
    1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.

    >> Canada Accepts Birth Certificates from the embassy.

    2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.

    >>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.

    3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?

    >>You don't need a passport stamp

    * I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.





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  • kaisersose
    02-13 01:20 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

    I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

    EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.





    gc28262
    08-17 10:45 AM
    IMO all this frisking and questioning at POE is nonsense. If SRK or anybody( including L1/H1/B1) was a security threat or matched a name check query, consulate should have done 2 hours of questioning before issuing the visa.

    Why should a person considered a security threat be issued a visa let alone board the flight to USA ? Isn't he a security threat while he is flying ?

    This is all ineffective/illogical bureaucracy at play.





    amitjoey
    07-03 04:59 PM
    If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
    4th of JULY is a great day to get this published.



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