eb3_2004
02-14 03:28 PM
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...
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bitu72
10-04 12:04 AM
thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.
mantric
02-13 02:55 AM
Yes I believe we have a case.
The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.
The current situation is a violation of human dignity of young and skilled american workforce.
It is a violation of liberty of tax paying law abiding residents.
It is very unamerican as it closes off opportunities for some of the brightest people in the world.
Shame on America that this exploitation exists in this day and age in this country.
The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.
The current situation is a violation of human dignity of young and skilled american workforce.
It is a violation of liberty of tax paying law abiding residents.
It is very unamerican as it closes off opportunities for some of the brightest people in the world.
Shame on America that this exploitation exists in this day and age in this country.
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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.
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.
more...
man-woman-and-gc
05-31 08:33 AM
1. Employment-Based Visa Number Movement and Predictions
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Question:
On the these 25,000 pre-adjudicated cases, does this mean that they will get a GC as soon as their dates are current? will there be additional verification done when their dates become current, like employment verification etc?
Can the person change his/her job or take promotion etc and would still get the GC when the dates are current?
Thanks.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Question:
On the these 25,000 pre-adjudicated cases, does this mean that they will get a GC as soon as their dates are current? will there be additional verification done when their dates become current, like employment verification etc?
Can the person change his/her job or take promotion etc and would still get the GC when the dates are current?
Thanks.
chintu25
02-14 02:08 PM
:mad:Guys do us all a favour Vote for or against the Lawsuit in the other thread
more...
villamonte6100
12-14 01:41 PM
I totally agree with you.
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.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
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.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
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Openarms
12-14 03:06 PM
It has to be fair both ways, why can not they issue employment visa on per country basis. Then there is no argument at all. So that people won't come and stuck in the black hole.
more...
tikka
07-03 11:16 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
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TeddyKoochu
09-15 02:23 PM
Here is what I researched and found out-
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
Correct me if Iam wrong I believe that the zone does not map directly to category, for those with bachelors only Zone - 5 maps to EB2, so most of level 3 and 4 that you mention could be EB3.
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
Correct me if Iam wrong I believe that the zone does not map directly to category, for those with bachelors only Zone - 5 maps to EB2, so most of level 3 and 4 that you mention could be EB3.
more...
msyedy
03-19 01:02 PM
Try this http://britishexpats.com/forum/forumdisplay.php?f=33
If you need help post there ....other small questions I can help u (free)
I am not a lawyer, but I can do it for you. I can gaurantee that you will get it if I do it. It is very very very simple. You can do it too.
But you think by moviing to Canada you will be in a better position.
I am a canadian immigrant and have been in US since I got my canadian GC because they do not have any jobs, I just took it during recession so that I can go to canada if laid off and it will be easier for me to come back to america.
Many of my friends have moved back to US after migrating because of the unemployement reasons. High Taxes.
It is upto you, I wish you best of luck, If you want to move
If you need help post there ....other small questions I can help u (free)
I am not a lawyer, but I can do it for you. I can gaurantee that you will get it if I do it. It is very very very simple. You can do it too.
But you think by moviing to Canada you will be in a better position.
I am a canadian immigrant and have been in US since I got my canadian GC because they do not have any jobs, I just took it during recession so that I can go to canada if laid off and it will be easier for me to come back to america.
Many of my friends have moved back to US after migrating because of the unemployement reasons. High Taxes.
It is upto you, I wish you best of luck, If you want to move
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sachug22
09-24 05:50 PM
/\ my answers
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
Ans: this concept 0.07X 0.286 - It is a false concept.
How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
Ans: this concept 0.07X 0.286 - It is a false concept.
How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
more...
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angelfire76
06-13 06:26 AM
Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.
That statement was ridculously funny :D BTW, Mr Dilip, a classmate of mine from graduate school who did his Ph.d in Cryptography, couple of internships in RSA, was ranked #5 in the Math Olympiad in 1993 had to return to India because most of the jobs he applied for required security clearance, which means USC. He's now a successful head of the computer science dept. in Mumbai and the feedback from his students about his knowledge is amazing.
Most people who came during the 1995-2001 were HTML and Cobol junkies who got lucky when their GCs were issued. Take your arguments some place else. :rolleyes:
That statement was ridculously funny :D BTW, Mr Dilip, a classmate of mine from graduate school who did his Ph.d in Cryptography, couple of internships in RSA, was ranked #5 in the Math Olympiad in 1993 had to return to India because most of the jobs he applied for required security clearance, which means USC. He's now a successful head of the computer science dept. in Mumbai and the feedback from his students about his knowledge is amazing.
Most people who came during the 1995-2001 were HTML and Cobol junkies who got lucky when their GCs were issued. Take your arguments some place else. :rolleyes:
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mundada
07-22 10:24 AM
I received yesterday EAD renewal. Even though my priority date is not current, and the EAD was approved on 7/16, the EAD is valid for one year only. I talked to lawyer and she said giving 2 year EAD is at the USCIS' discretion. I am not sure what to read from this. Whether EB2 India would be current within a year or USCIS wants to make more money if renewals are charged. I am not sure whether I would be charged for renewal next year though.
Hope for the best!
Hope for the best!
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TomPlate
07-03 09:36 PM
Can we organize a skype conference chat. Please let me know.
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AirWaterandGC
05-10 07:13 AM
Does anyone have a comment on this ?
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
more...
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ss2005
07-03 01:56 PM
Hi,
My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.
I was learnt that we need to split the name and get a new passport.
My question is, how can we change on 485 document?
Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?
Please help me.
Thanks
My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.
I was learnt that we need to split the name and get a new passport.
My question is, how can we change on 485 document?
Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?
Please help me.
Thanks
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ndbhatt
09-24 12:42 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
Downsizing happened within congress too. :D
Downsizing happened within congress too. :D
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santb1975
02-13 04:16 PM
This is my first post which was not positive. I am backing up :). I am proud to be part of IV. I beleive in this cause.
Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.
We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.
participation is contigeous, all we need is some self motivators and self starters to kindle the fire.
Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.
We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.
participation is contigeous, all we need is some self motivators and self starters to kindle the fire.
WFGC2006
04-04 02:06 PM
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).
If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).
Anyone who know abt this, please respond.
The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).
If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).
somegchuh
10-18 03:42 PM
What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.
If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.
Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.
Anyway, compare with going back home not US.
Say even if you get the canadian PR, you have to pay tax's close to 45%.
Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.
Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.
In fact one of my friend told me the cost of living is higher there.
I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.
If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.
Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.
Anyway, compare with going back home not US.
Say even if you get the canadian PR, you have to pay tax's close to 45%.
Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.
Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.
In fact one of my friend told me the cost of living is higher there.
I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.
