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  • villamonte6100
    12-14 01:41 PM
    I totally agree with you.


    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • ujjvalkoul
    06-27 06:01 PM
    if these turn out to be rumours ...then I will stop believing anything AILA says..





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  • unitednations
    02-13 03:21 PM
    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





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  • _TrueFacts
    09-04 01:50 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Will do whatever each one of us can, but at least for the fact that you are living and seen US be supportive of development in India and criticize corruption and corrupt politicians like gunda YSR.

    There is wealth of information on YSR's corruption. People are vexed for a reason.



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  • lazycis
    02-13 12:26 PM
    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.

    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • lahiribaba
    06-14 10:14 PM
    Well Said Lahiribaba. Takeaway from this is start thinking about How to Position yourself for future?

    You can do nothing!! These forces are out of your control.
    You can only do what Rocky Balboa said ...

    "Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "



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  • newbee7
    07-04 12:45 PM
    Might be potential headline: USCIS betrays thousands of hopeful





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  • unitednations
    02-14 12:02 AM
    Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.

    It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
    http://www..com/usa-immigration-trackers/dallas-backlog-tracker/

    One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.

    India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.

    If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).



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  • mbawa2574
    02-15 04:55 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    You just sound idiotic





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  • pathmaker
    02-12 12:05 PM
    correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!

    OMG!!!

    Just 1.25 more year and I would have been current! Damn!!!!



    are you dreaming ... India EB3 is 01AUG01



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  • GCWhru
    07-23 11:38 AM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks





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  • acecupid
    07-17 12:03 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    I suppose the new way of allocation has similar effect to eliminating country limits within a category i.e. EB1 or EB2 or EB3 but not across the board



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  • hydboy77
    06-01 12:28 PM
    You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.

    If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.

    So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
    Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.

    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?





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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.



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  • newbee7
    07-04 12:45 PM
    Might be potential headline: USCIS betrays thousands of hopeful





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  • lazycis
    12-13 04:35 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.

    What say LogicLife?

    Thanks.

    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".



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  • grupak
    02-15 01:07 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.

    If there is fraud or some other problem in the H1B program, let the USCIS do the policing.





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  • sanjay
    10-15 03:50 PM
    proengineer why did you create a new profile to post this?
    Why are you marketing a lawyer?

    Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.

    And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?





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  • greencard_fever
    07-23 02:28 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.

    See my asumptions in this thread what i said about USCIS and DOS are working closelly.





    amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.





    samay
    07-14 06:08 AM
    [QUOTE=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):

    - my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
    - applied for LC amendment and returned original LC to BEC, right then
    - No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
    - Applied EAD and AP, on July 2nd 2007
    - meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
    - 140 that was applied in April 2007 is still pending
    - Atty says that we will send the amended LC once we get an RFE

    Should we wait for an RFE or should we inform USCIS about the amended code?


    In my opinion you should have filed a copy of amended LC with the USCIS when you received it.



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