Wednesday, June 29, 2011

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  • Macaca
    01-28 04:53 PM
    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.


    How do lawyers benefit from it? Thanks.





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  • willIWill
    01-15 03:40 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out—because I was not a communist;
    Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out—because I was not a Jew;
    Then they came for me—and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.





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  • ksrk
    09-15 06:30 PM
    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.

    But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
    How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.





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  • andy garcia
    02-23 07:23 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.



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  • mbartosik
    12-13 07:16 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    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.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





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  • vdlrao
    07-21 11:43 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.



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  • unseenguy
    04-01 02:08 AM
    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.

    There are lot of ifs and buts in life & world like .....

    I should get development job not testing.
    Bush should not have become president
    Mugabe should leave his post
    Pakistan should fix terrorism.
    China should have better human rights record
    Burma should release aung san su ki
    UK should return the gold it stole from India
    Australia should stop sledging in cricket and play like gentleman


    Similarly, I got the job because economy was good not that I did something.
    Obama became president because Bush screwed it up and he didnt have the talent.
    Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
    China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.


    Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.





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  • bestia
    02-14 11:36 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.



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  • priderock
    04-26 12:53 AM
    That was a no go for me. The company's Lawyer advised against it.





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  • Picasa
    07-27 03:27 PM
    Lets see how much money you have donated. Please provide details and then we will compare.
    As far as action items are concerned... Here is the latest example:

    I have just send the email regarding EAD issues...Did you send the email?

    Also as requested by one of the member, give your mailing address so that CIS can be notified.:D

    I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
    There are lot of action items to meeting lawmakers. Why don't get your focus on that?



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  • TeddyKoochu
    09-15 06:26 PM
    Friends what are the predictions for the coming bulletins (Maybe it�s too early). My 2 cents, Iam assuming quarterly spillover to happen in December, believe that all residual 2003 / 2004 folks will get approval in the next 2 months (I hope Iam not being too optimistic).

    Nov VB - 01-MAR-2005
    Dec VB - 01-JUN-2005

    If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.





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  • syzygy
    02-12 11:08 PM
    The good reason is if USCIS was sued and something happened in our favor, the lawyers would lose us from their rugs.

    Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?

    I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.



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  • mantric
    02-15 05:53 AM
    Completely agree with Googler.

    While I have sent the letter and convinced a few friends to do so let's be realistic. It is too easy for this letter campaign to be swept under the carpet of the next crisis to occupy the attention of the government. The letters may just get thrown in the garbage - whether 2000 or 20000. Nobody is answerable. Based on past history for such campaigns the chances for success are pretty low. Also this friendly govenment does not have much time left.

    This is ultimately a fairness issue. There are issues of discrimination based on country of origin. Careers are stopped midtracks for nationals of particular countries. For ages. This situation is completely unnatural. If someone gets a promotion he has to go back to the beginning of the queue. Growth potential and economic contribution is retarded during career prime. And if it was'nt bad enough already, visa numbers have been wasted in huge numbers to make things worse.

    Going to the courts appears to be the only way to make people confront this fairness issue, that these delays and uncertainty are affecting real lives and careers. It will reinforce any letter campaign.
    People who think the current laws are fair should be reminded that it is only the consequence of the laws that matters not the intent.

    Also everyone please browse through the previous I-485 lawsuit site -
    http://www.immigration.com/litigation/I-485_litigation.html
    If has a lot of useful information.

    Note the background for that lawsuit was that a letter campaign had failed to bring results.


    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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  • vdlrao
    07-18 08:19 PM
    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.

    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7



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  • msp1976
    02-18 10:12 PM
    I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...





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  • sush
    07-10 12:42 PM
    excellent move.
    hope you well buddy.



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  • gc28262
    06-03 09:53 PM
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.

    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.





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  • ArkBird
    03-30 02:17 AM
    Agreed but consider the other options. Lalu? Mulayam?? Mayawati???

    I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(

    Snathan,Arkbird

    Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.

    Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.

    All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.

    MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
    I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.





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  • amsgc
    07-04 11:42 AM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    "Flip-Flop: DOS & USCIS in cahoots?"





    krishna.ahd
    02-14 04:11 PM
    Hi Unitednations
    I am reading your current and past posts recently.
    Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
    What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
    Out of Goal from IV , what is practically achievable ??

    Thanks in advance for your comments





    addsf345
    05-29 04:22 PM
    We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.

    Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.

    Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.

    Lets think more positive and list down all actions that we could work.

    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item

    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused: