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  • snathan
    07-08 12:17 AM
    ^^^^^^^^^^^^





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  • ajju
    02-27 04:26 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.

    Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)

    Since AOS can convert to CP.. I think it should be possible otherway too...





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  • weasley
    05-30 06:30 AM
    I also voted No to HR 1868

    Guys go to this website and sign up and vote yes for this bill.

    http://www.opencongress.org/bill/111-s1085/show





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  • desi_voice
    04-16 02:22 PM
    Hi aroranuj,

    US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.

    From what my attorney told me,

    1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.

    2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.

    3)Not sure of Diploma


    You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.

    What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.



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  • GCAmigo
    12-21 07:55 AM
    I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...





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  • asdqwe2k
    07-02 03:39 PM
    I don't understand about this fees.. I mean, you guys would have spent that money anyway. You may be loosing money for medical examination because it may expire. But the rest is something you would have done anyway.. I don't understand the logic of this thread..



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  • doggy
    07-22 02:21 PM
    This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language

    I hope we keep our dignity and self respect

    Oh, the message was not intended for anybody. It was a way to prove that I'm not one of the Antis.

    Sorry to offend you, or anybody else. I've removed it.





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  • a1b2c3
    10-12 09:19 PM
    Come on man do you need to be spoon feed for every thing?
    I posted the nixtor’s post. Read his blog, contact him.

    http://nixstor.blogspot.com/2008/10/uscis-benefits-information-system-and.html

    Are you retarded?

    Read the post carefully first before shooting off your mouth! I already read the blog before you posted the link, you don't even read the posts before you start assuming things.
    Don't act as if you are the super moderator. I don't need your advice.



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  • longq
    12-20 03:41 PM
    Hello IV and its core members,

    I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.

    The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.

    There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.

    1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.

    2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.

    3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).

    4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.

    Here is some detailed analysis that says why it violates the law.

    Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.

    Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.

    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.

    DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.

    Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).

    Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.


    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)





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  • mikoo
    03-28 12:13 AM
    would congress reps meet sombody who is resident in another congresstional district ?

    is their a way to reach out to neighbouring district's congressmen ?



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  • saggi13
    02-20 07:05 PM
    I got 2nd finger printing notices for me and my spouse (attorney got it and sent a scanned copy). Still have not received RFE notices (neither my lawyer did). Looks like the FP notices were generated on 02/12 -one day before the RFE status





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  • abracadabra102
    08-10 12:24 PM
    Perm filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line...
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on.
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!

    good one



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  • eilsoe
    02-16 06:10 PM
    voting ended, thread died :-\

    what gives??


    oh, Soul, thx for the battle ;)

    it was scary in the end...





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  • mirage
    05-17 09:51 AM
    I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....



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  • greensignal
    11-10 10:55 AM
    Mybid2003,

    If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?





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  • saketkapur
    07-21 07:38 PM
    Well I guess one way to make a point is by having a fax, letter and email campaign to let Businessweek know that they will be boycotted.
    The other thing to do is get Businessweek declared into a racist publication and every blog entry should mention it so that any google search should bring mention the same.

    We need to plug the pieholes from which this crap flows.......



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  • pkjena
    08-01 10:40 PM
    USICS Memo on this is too good for a change. From where did Murthy get the Q & A ? Is it from here ?





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  • maddipati1
    01-04 05:27 PM
    Option 1: Convert to Mormon belief
    Option 2: One on H4 and the other via Mex
    Option 3: Move back

    im sorry for the women. in what situtation the women would accept this arrangement. damn trinagle marriage movie flicks.





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  • webm
    06-05 12:44 PM
    Such thread are not created on this site. Even is not the place, as most applicants do not register with .

    It is also possible that very few visa numbers were available during May for EB-3 India.

    I agree...but sometimes few frequent users share that info here..and i dont see anything for May atleast..





    Ram_C
    11-09 05:37 PM
    Ram_C,

    Did you open a service request for FP? (for you or for your wife).

    If you did not, all NSC-CSC-NSC people, should be getting FP notices also.

    ______________________
    Contribution : $150 so far

    NO, I didn't open SR.

    I too hope all NSC-CSC-NSC transfer cases get FP notices soon.

    good luck :)





    JunRN
    08-22 06:17 PM
    Don't harrass the man....he has specific problem to be solved and he was asking for comfort and some advise....he's airing his frustrations and agony...

    do you think attending the rally will immediately solve his problem? I know that attending the rally may bring out some results but not guaranteed...

    each one of us has each own specific case to solve....in his case, it was a fatal mistake by his lawyer, who was over zealous in submiitting the application and was submitted too early....I hate lawyers who do not know what they're doing...

    Now, in this case, isn't it an advantage if he re-filed his case during the July 1 to Aug. 17 period? Some are arguing that we should not re-file...I hate those arguments because some cases like this really needed to refile....