Friday, June 24, 2011

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  • gcpool
    03-17 09:31 AM
    EB3 to EB2 filing is not cheating. They too are waiting in line. What used to be unfair was the fact the labour clearance in a lot of states used to take years and years and some places in months. What is unfair is allowing to labour substitute. If you have been waiting for long you too can try to change to EB2. And its not cheap and convinient.

    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !





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  • nixstor
    07-05 01:02 PM
    And there is nothing wrong with that, right, because in the end you do not know what the financial situation of people on here is. One guy suggested a monthly contribution of 20 bucks, I laughed myself off the chair when I saw that. You're right, this is about "how not to pay" and why shouldn't it be. I don't make a lot, the lawyer's sucking me dry (in more ways than one if it were up to him), I've been waiting for this for ever, I have a family to support, etc.


    Well, in the end you all do what you want, don't worry, be happy :D

    Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?





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  • desi3933
    09-11 09:16 AM
    Hi,
    I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.


    >> when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around

    Incorrect. They got green cards.

    They were made eligible to file for AOS. Here is the link for the Act. Read Section 201 for more details -
    Immigration Reform and Control Act of 1986 (https://www.oig.lsc.gov/legis/irca86.htm)


    ____________________________________
    Proud Indian-American and Legal Immigrant





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  • yagw
    09-17 05:00 PM
    [ sorry if not relevant to the OP.]

    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo

    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."



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  • sunny1000
    01-19 10:40 PM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer’s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

    Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

    I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

    I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.





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  • roseball
    08-11 10:09 AM
    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012. Do not ask the source of information it is more of stock market and weather forecast were in stocks falls and gains every 5th year and 6th of June is the first day of monsoon in mumbai....:D

    No point in giving stess to your grey cells, all are predictive cycle &, process

    EAD and AP renewals are no more cash cows for USCIS. Under the new fee structure, whoever files I-485 is eligible for free EAD and AP renewals.



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  • eager_immi
    01-25 12:10 PM
    please add sulekha.com


    www.rediff.com
    www.greatandhra.com
    www.idlebrain.com
    www.andhravilas.com
    www.sifynews.com
    www.samachar.com





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  • boreal
    12-28 02:36 PM
    Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
    welcome back qplearn :-)



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  • Jaime
    09-12 01:24 AM
    You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!





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  • leoindiano
    03-17 09:59 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.



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  • 53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    Employment Based (EB) Green Card (GC) Laws
    � The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    � Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    � If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.





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  • pappu
    04-07 12:57 PM
    I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.

    I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.

    The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .



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  • yabadaba
    07-28 09:03 AM
    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    its amrit..drink of the gods...so its befitting.





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  • anandsun
    04-21 11:01 PM
    Pratik and Jay spent some quality time with the Congressman AFTER the meeting was over. They should be updating us very soon.

    Thanks
    Anand



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  • we_can
    12-27 12:43 PM
    Posted classified on portland.ekNazar.com
    http://portland.eknazar.com/ekClassifieds/product_desc.php?id=127180





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  • varshadas
    02-09 08:26 PM
    Yes, I will send in the details for the telcon shortly



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  • acecupid
    07-03 12:17 PM
    Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
    Problem is not country quota, its the ones with families!!! ><

    I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!





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  • abracadabra102
    07-29 10:16 AM
    A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.
    Great post.





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  • abc1125
    05-17 09:37 PM
    Presume you got your GC last year. I am in the same boat this year - PD is current and expecting an RFE. Did you have to submit anything more than the Employment verification letter?





    pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============





    vin13
    02-03 06:40 PM
    I just watched an advertisement from americanworker.org on CNN

    It is a negative campaign on legal foreign workers taking away american jobs. The website also has the commercial that was aired on CNN today.

    Just an FYI