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  • mbawa2574
    02-15 04:33 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.





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  • techskill
    09-18 12:28 PM
    Then we shud ask him what are the fundametals of the economy.Because once he said he doesnt know anything abt economy.





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  • WillIBLucky
    11-22 01:53 PM
    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.

    There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.

    If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D

    So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.





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  • gcinprogress
    06-10 05:16 PM
    Sent. Also added my friends.



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  • sureshj
    06-08 02:18 PM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.


    I could'nt agree with gcdreamer more...

    Consider this...
    1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
    2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
    3. Name check ranks least in their priority list.
    4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
    In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.

    For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.

    In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.

    I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.

    PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1





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  • vin13
    11-11 12:14 PM
    We can all send a copy to the ombudsmand and DOS.

    I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.


    The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).

    That way we do not get pushed around.

    Good work.

    Gaurav



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  • deepakjain
    06-08 06:12 PM
    The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.

    PERM
    140
    485 might have to wait for sometime in the following manner.

    EB 2- PD 2001 - Wait till 2012
    EB 2- PD 2002 - Wait till 2015
    EB 2- PD 2003 - Wait till 2017
    EB 2- PD 2004 - Wait till 2020
    EB 2- PD 2005 - Wait till 2023
    EB 2- PD 2006 - Wait till 2026
    EB 2- PD 2007 - Wait till 2028
    EB 2- PD 2008 - Wait till 2031


    EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024
    EB 3- PD 2004 - Wait till 2028
    EB 3- PD 2005 - Wait till 2032
    EB 3- PD 2006 - Wait till 2036
    EB 3- PD 2007 - Wait till 2040
    EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....

    I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....





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  • immi_seeker
    03-12 01:13 PM
    Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.

    1. Changing of law is not possible in near future.
    2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.

    Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.

    If you are really frustrated come out and make the change. Bashing to the IV is not solution.


    Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.

    My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.



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  • jcmenon
    07-25 01:22 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.

    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.





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  • sukhwinderd
    02-22 09:22 AM
    with StarSun. there are so many people in neighboring states (to DC) who can come during advocacy days, or atleast offer accomodation, hotel pickup drop offs. hardly anything to loose. its pathetic that people will line up for free lunch, but will not do anything to get it, even when there is nothing to loose.



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  • vagish
    04-04 04:25 PM
    04/04/2007: Senator Durbin and Senator Grassley Introduced H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007

    * We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.


    Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.

    thanks





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  • jonty_11
    06-13 01:37 PM
    Can Bush really do it?

    Source - www.immigration-law.com

    06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?

    * Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.



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  • Kodi
    04-01 11:36 AM
    Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.

    Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?

    Thank you.





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  • greyhair
    02-09 02:33 PM
    Why am I not suprised with this news?

    I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.

    One immigration business shop says that visas are being wasted and that's our proof. We are now ready to list the reasons why visa numbers are being wasted. Not only the visas have been wasted but according to you the reason for wastage are -

    1.) Inefficiency
    2.) Directive from the administration

    But before that, can anybody prove conclusively that visa numbers were wasted. What is the proof? Just because my application is pending doesn't mean that USCIS is wasting green card numbers. Give us all proof that visa numbers are being wasted. Where is the proof. Around 20 days back I wrote an email to the immigration business shop asking for proof of waste of visa numbers. No response.



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  • map_boiler
    07-18 08:43 AM
    Our packet was delivered to NSC on July 2nd at 7:55 am...





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  • unknown123
    12-10 08:38 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.


    Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway



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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D





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  • snathan
    08-21 08:20 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

    I am not sure what you are trying to achive here by trying to prove your legality. Normally the USCIS wont come after you immidiately. But once you are not able to provide what they ask, they might deny your I-485 and ICE will be at your door step. So try to fix the problem before its too late rather than wasting your time here.





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  • Buran
    02-15 01:09 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.





    godspeed
    06-10 04:18 PM
    ...





    immi2006
    06-12 02:46 PM
    i think most of us make excelletn candidates to become Senators :-) if not at least a good immigration lawyer..



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