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  • ramus
    06-27 09:48 PM
    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..

    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.

    Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

    Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..

    Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

    Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...

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  • unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:


    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.



    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much


    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.


    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM


    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much

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  • mabuhay
    07-13 02:29 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?

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  • msp1976
    02-18 09:45 PM
    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    I would say Amen to that....

    The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
    Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
    You see if the wait for GC was just 2/3 one would ask for the 485 without PD provision.....
    But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
    There are cases of marriages falling apart because of this issue...
    Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??


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  • hiralal
    05-28 11:50 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.
    That is correct !!! worse for EB3.
    I wonder why Charles or Murthy are not talking to congress to remove the country limits. I guess time has come to put "for sale" sign in my front lawn !!

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  • Legal
    07-23 10:20 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?
    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.

    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)


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  • harikris
    05-30 11:56 PM
    Belmontboy ..Thanks for the same I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves

    1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s

    2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.

    How would the policy-makers look at these numbers?

    Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.

    Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.

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  • imm_pro
    07-24 07:43 PM
    So to ensure that the CPs utilize all the quota, the dates are moved ahead before the end of the fiscal year and then moved back..hmmm so then again to ensure that the quota is used up in the next fiscal year,the dates will jump ahead again..:confused:


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  • sanju
    09-23 12:23 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.

    Regardless of your credit history/income/financial strength/savings there is almost no credit available in the market. Whether you want to buy a house or you want credit for a small business, there is no credit b'coz the lenders do not want to lend. That's the crisis. And if there is no credit, willing and able buyers, just like yourself will not be able to buy a house.

    Administration wants $700 billion to buy bad mortgages (5% of the entire outstanding mortgages), which will inject confidence in the lending agencies, whereby easing the credit market, allowing everyone to get a loan and do whatever they have to do. But it doesn't end their, to recover from the economic slum, housing market must come back. And to bring the housing market, there needs to be more buyers in the market. As Alan Greenspan said few months back, speed-up GC, it will help bring buyers to the market, helping to bring back the housing.

    After $700 Billion bail-out, the credit market will start to stabilize and it will be easier to get mortgage.

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  • eb3_nepa
    10-23 04:17 PM
    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...

    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?



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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.

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  • kuhelica2000
    02-13 01:15 PM
    Finally you hit the nail on its head. That�s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.

    On the contrary, fight for keeping the country limits will kill the movement as Indians who form more than 80% of IV will feel disillusioned and leave. Once that happens ROW can as well kiss the GC increase good bye.

    Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.

    But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.

    My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.

    Want to influence the movement, be a significant part of it. That's real democracy.


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  • rajsenthil
    05-02 01:33 PM
    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?

    I do not understand what do you mean by this? Can you explain it?

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    07-24 05:54 PM
    WOW what can I say? Well spoken!! In a lot of points, I agree with you.

    But then let me ask you something - have you been investing back home? Have you been building a house back home? Have you been putting money in a bank account/ shares back home?

    Waiting for your answer

    I do send money because I have a dialysis patient at home for 6 years now. and at this time I don't want to point to the healthcare system at all, but my best wishes that you don't have to go there.

    I do have properties and business properties in India from before I came to US. I don't want to make this personal by naming the IT businesses I sold but am sure if you are from 90's and from India you are aware of those names.

    I have sold those one by one, and that is another line buddy. Capital Assets Line. IT Enquiry Lines, Company liquidation issues (specially if you were a LTD. company), Commerical Property Tribunals, Service Tax lines, State Tax Issues, Central Sales Tax issues. And god forbid if there is a lawsuit filed.

    And yes I am in GC line for 8 years and i dont mind another 2-3 years. This is the Last line hopefully other than immigration line at India every year. (which is painful for Indian Citizens) but easy for PIO's and Non Citizens.


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  • H1B-GC
    08-15 09:30 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.

    mpadapa has given almost exact count on EB limit for 2008.

    The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.

    Do you Agree Mr.Rao?

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  • hiralal
    06-04 09:21 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too


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  • gc_check
    07-04 12:38 PM
    Which of the above are not needed for dependents?

    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.

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  • senthil1
    06-12 01:09 AM
    You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
    If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.

    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

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  • jkays94
    07-11 10:00 PM
    One of my friend was so frustated with this situtation , that he even explored IT jobs in gulf countries.He was telling me IBM has big presence there & with US experience , you can get manaegerial position with almost double salary.Also its nearer from India.

    Not to mention that if the offer is good and depending on the country, it is not uncommon to get a tax free salary, housing, 2 round trip tickets to one's home country for the individual and their family, in essence your major cost will likely just be food!

    01-15 02:45 PM
    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies

    This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them

    Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.

    07-08 05:22 PM
    Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
    In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.

    I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

    Thanks for your time.

    Hmm... GC labor started in DEC and got approval in June 2008, congratulations buddy. What is your category? EB1? EB2?? EB3??? If EB3, it is quite surprising to see an approval for a "non-current" date.