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  • sprajulu
    07-01 04:09 PM
    We all should request politely to end the specific reservations.





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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • another one
    02-15 05:46 PM
    I agree.

    What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc




    I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)



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  • senthil1
    01-09 02:05 PM
    In the consulting job there is no such thing called entry level. Generally consultant means he should be expert in that area.
    If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...





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  • downthedrain
    02-03 01:21 PM
    Please read my post again.
    The letter is for future GC job, not for your current job.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin


    desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.

    Thanks for your advise again



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  • jsb
    08-20 10:05 AM
    To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.

    Retrogression is a CP-friendly event.

    Can one initiate CP if so chosen in I-140, but already applied for AOS?





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  • ramus
    07-02 07:42 PM
    Thanks..Please ask others to contribute too.



    Contributed : 100 couple of hours back
    Order Details - Jul 2, 2007 11:49 GMT-07:00
    Google Order #516773533199673



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  • pappu
    01-17 01:43 PM
    it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
    Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
    IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
    and start contributing today.





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  • sri1309
    02-19 11:46 AM
    My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced

    Senthil, well said.

    Those hardworking folks under < 5 years:

    We went thru this for more than 5 years and we dont want you to be in that. It wasnt a pleasure. So support this fully and once people with >5 years are cleared (note that its not counted in any quota.. which is good too.. ), then all these cases will just disappear from the waiting lists and you will suddenly see current dates as recent as 2008. Also in the parallel track people get their GCs as they cross 5 years.



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  • rajesh_kamisetty
    01-16 08:10 PM
    Helping myself.





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  • bobbydalal
    08-21 04:32 PM
    luvchoclates ,
    Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
    all the best



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  • hazishak
    09-10 01:58 PM
    Thanks, its working now. But seems really slow

    Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:

    when real player opens do the following:
    click on tools->preferences->network transport->

    then check the "manually configure connection settings"

    click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
    Next
    click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.

    Enjoy!!





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  • Jaime
    09-10 02:28 PM
    You want to buy a house, but can't - You don't want that commitment in case you get laid off and put "out of status" and forced to immediately leave the United States or face deportantion (and yeah, you need to leave all your Social Security payments and patents behind)



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  • sanju
    04-22 08:23 PM
    I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:


    gautamagg,

    You are the biggest idiot on the face of the earth. You went to the event saying that you represent Immigration Voice. Then you started showing your elitist attitude during your question. If I recollect, your question was:

    You came to US on student visa, changed to H1 and filed for green card. You do not want to live in US but simply want to go back to India after getting a “higher degree”. Since you have declared your immigrant intent, you are not able to change to F1 visa. Stanford and Berkeley Universities are dying to have you as a student in those Univ. What should you do …..

    How the hell do you expect a Congressman to answer a question that is meant for an immigration counselor/attorney? To begin with, why did you even ask such a question in this event? Do you have any idea what Immigration Voice is about? When you are saying you want to go back, why don’t you simply leave? Why the hell is there a need for you to come to a meeting and ask a question that does not represent the problems of the majority and the representative sample of IV members? It would be one thing if your question represented the problem in general. But it is entirely different thing when you come to such event and want to get answers for your question so that you don’t have to pay $100 to an immigration attorney. I truly feel ashamed of being called as “highly skilled” immigrant when elitist like you ask such stupid question. There is definitely something wrong with the selection process of Berkeley and Stanford to select idiots like you. Sometimes, looking at some posts and people like yourself, I personally feel that people whom you called “illegal immigrants” are far better than people like you. And without having any clue of the bigger objective of the meeting and our participation, you are coming here and posting that you are “disappointed at the intent of this meeting”. Boy! you have some nerve. Best of luck with your tunnel vision which is sure to take you places.

    On a different note, Congressman Gutierrez is a true leader. He took the lead in sponsoring COMPREHENSIVE IMMIGRATION REFORM bill. Congress is full of people who do not look at the merit of the issue but simple look at the polls to decide their stand on the issue. Congressman Gutierrez showed exceptional courage and quality of a true leader by sponsoring STRIVE bill. If you don’t know, STRIVE bill has very good provisions to end green card backlog. But of’course, why would you care, you are simply dying to go back and simply wanted to show to the crowed that you are better than others. You have no clue about “COMPREHENSIVE IMMIGRATION REFORM bill”, would you? I would have not replied to you if you hadn't posted your message. But seeing you behave the way you did at the event, and then coming to the forums to say that you were “disappointed” underscores a simple fact, and that is, when IV has foolish members like yourself, there is no need for anti-immigrant groups to do anything.





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  • eb3_nepa
    07-05 01:37 PM
    1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
    2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
    3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)



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  • nozerd
    01-27 10:47 AM
    I went back and reread the July 2001 Bulletin.
    How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.

    Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?





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  • thirdworldman
    02-23 03:04 PM
    I haven't forgotten, but I haven't had time either. I'm going away for the weekend and won't be able to work on it until after Monday.





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  • swissgear
    06-10 03:59 PM
    sent...thanks





    sri1309
    01-25 11:40 AM
    Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....

    No more Discussion only ACTION.



    Thnaks,
    MDix

    Pass this to as many friends as you can in school or in Job.

    The Burning Problem
    Long wait times of 5-10 years for EB2/EB3 Employment based greencard applicants from India.
    We are unable to buy houses, change companies and be stuck with current employer, though we can start companies, jobs etc. This is all due to uncertainty in the greencard process. Spouses are unable to work due to visa problems.

    What should you do:
    You can submit your ideas here http://change.gov. You will be asked to register. Please do it with actual details with no fear. We are legal here and many of us have done it, there is nothing to fear. This is just one way to start.

    I strongly recommend immigrationvoice.org, but please feel free to join any forums or multiple forum sites and create awareness and action.
    And please make your friends aware of the problem, and make them join in the various immigration forums and help ourselves.

    The details:
    So far, there has been much action or participation on addressing the problem. This is totally unacceptable, when the issue affects 400-500,000 of applicants but those fighting for this cause are very few. We are legal immigrants who bring innovation, create value, build companies and jobs, and contribute in many ways to the economy. The system was fine 4-5 years back, but now it�s severely backlogged. Do not think �it is not my problem now�, because you will be also affected by the negative impact. Reports say only 5000 people are voicing their opinions, even though the problem affects more than 500,000 applicants (and their spouses).
    What do we request the goverment:
    1. A small administrative fix to recapture the lost visas because of administrative delays
    2. Remove per country quota limits and make sure the system works efficiently. India sends more H1Bs than any other country, Some countries don�t send any anybody and in those cases the visas are just LOST. And in case of India, the backlogs are huge due to limited quota limits.
    3. Applicants with Masters/PhD from US schools must get a greencard without much waiting.
    4. Applicants with 5-10 years of Experience in the US must be able to get greencard very fast.
    5. Applicants waiting for greencards for more than 5 years after applying must get them immediately.

    Immigrationvoice.org is one good site to participate to name one. Let�s help ourselves and each other. Also register in this site or any other, and start contributing your ideas for your own good. Please pass it to as many friends as you can, and motivate them.





    sanju
    02-03 05:12 PM
    Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
    I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
    also please suggest on conferencing facilitie..

    Thanks

    Whatever you do, do not ask Senator Cornyn to sponsor anythiong for us this year. He has been our champion in last 2-3 years and he is a great guy. But right now, democratic majority is very pissed off from Senator Cornyn. And anything Senator Cornyn sponsors/cosponsors will never get done in this Congress. Watch the news about Senator Cornyn carefully, and you will know what I am saying. Stay away from him, and if he says he will sponsor anything for us, request him not to, if you want to get anything done.

    And BTW, the folks you are listing have already supported our provisions in the past, other than the incoming Senator Gillibrand. The important thing is to get the support of the Democratic leadership. Without leadership support, it won't anywhere.

    .



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