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  • Canadian_Dream
    12-11 02:43 PM
    Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).

    http://en.wikipedia.org/wiki/Rulemaking

    Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.





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  • TeddyKoochu
    09-10 01:17 PM
    where is this 120k EB2I and C coming up from, those who haven't filed 485 yet? So you are expecting another july 2007 making all EB2 Current.

    Here is a brief calculation of EB2 Demand till date (Today's Date)
    The total demand till date is ~ 120K which is
    Demand up to Aug 2007 = 45K
    Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
    Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
    New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
    Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.

    By giving these numbers I don’t mean to scare anybody but it’s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.

    If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW). If you look at EB2 ROW for last year they were current for the whole year but approvals came from 2007. Its the agencies discretion really how they want to control and regulate the demand and honor the INA and the distribution rules. I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 friends.

    The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.





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  • giveme_gc
    10-15 08:40 PM
    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.



    Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.





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  • srikondoji
    11-19 10:39 AM
    My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.

    Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
    I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.

    I still don't understand why people are frustrated with delays in GC?
    Why should you even stress yourself too much about this GC. Just enjoy the life and move on.

    thanks



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  • sidbee
    05-26 06:04 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...





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  • amitjoey
    07-05 12:34 PM
    I just contributed my first $100.00. Go IV!

    Thanks map_bolier



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  • pappu
    03-10 04:11 PM
    I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?

    We have already made it a priority. This funding drive is happening after many months. I do not recollect having an IV drive in a long time. Thanks for leading the thread and making members active.





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  • ronitm
    07-05 04:04 PM
    Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!

    IV you have our support! United we stand!

    Paypal Confirmation Number: 8GH00265XS5850731
    PD: Aug 04
    RD: ????



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  • GCard_Dream
    12-13 11:37 AM
    We should be able to submit this question to the lawyer's conference call organized by IV and see what's their take is on this. I wonder what the procedure is to submit the question. I have never done that before.





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  • ashwin_27
    02-08 05:32 PM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.



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  • nomi
    12-12 12:36 PM
    Hi Logiclife,

    If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.

    But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?

    I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)

    Thank you.

    I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"

    Once they approve the 1-140 and that`s it it shuold be all done. AOS
    (Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.





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  • softcrowd
    03-19 11:16 AM
    85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
    One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.

    http://www.usavisanow.com/perm07.pdf

    see a chart
    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1

    You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.



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  • reddymjm
    09-10 01:38 PM
    Here is a brief calculation of EB2 Demand till date (Today's Date)
    The total demand till date is ~ 120K which is
    Demand up to Aug 2007 = 45K
    Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
    Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
    New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
    Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.

    By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.

    If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
    The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.

    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.





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  • NKR
    09-19 04:06 PM
    Why do you insist that I stop posting, since you don't like it. :confused:
    Never insisted you stop posting, was only hoping that you will post some sensible stuff

    If you don't want to hear the problems, you don't have to read these posts.
    It�s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.


    Since you think this is all my prediction - Today from washington post

    I am sticking to your advice, I am not reading that boring news.



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  • ca_immigrant
    08-10 07:09 PM
    are we there yet ??
    are we there yet ??
    are we there yet ??
    :p





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  • sathyaraj
    03-12 06:20 PM
    Hi BharatPremi:

    Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24

    Regards
    SathyaRaj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.



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  • BharatPremi
    03-12 04:38 PM
    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
    Sathyaraj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • vkraman7
    03-17 11:07 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007





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  • Suva
    06-11 11:29 AM
    Sent to NJ lawmakers.





    bigboy007
    06-30 05:57 AM
    Sorry didnt follow up this thread , i dont know why USCIS is asking for colored copies , Passport i dont know but i have seen in clearly through state of ILLINOIS website some where about ITS ILLEGAL TO TAKE ID COLOR COPIES i noticed this when i am taking photo copy color and fedex kinko's person and tore away the color copy and said we both will be at risk as its strictly illegal. I dont know about other states and hence said so , let the RFE come i will then send it for DL; i am sending the one for passport in color though. i enquired with my lawyer he said thats fine just to update you .They might be asking it for clarity in picture i achieved the same using color copier but B/W with light tone effect. It came really good. I hope that useful.





    ajthakur
    07-14 06:44 PM
    I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.

    Do you see any LUD change on your I-140 after you changed employers?



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