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  • sameer2730
    03-12 10:41 AM
    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...

    $25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.





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  • sanjay02
    03-17 09:08 PM
    Hi
    I have the following questions about I-131.

    On I-131

    Part 4. Information about your proposed travel.?

    Can I answer to visit parents?





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  • akshaya10001
    07-13 03:19 PM
    Few points to add......

    Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
    There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.

    EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.

    The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
    1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
    2> ROW EB3 porting to EB2.

    Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.

    second point is the only negative for spill over numbers.

    Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.

    So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.

    HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.





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  • alterego
    07-13 11:19 AM
    When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.

    Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.

    I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.

    Fair enough, you are free to fantasize. :) I didn't mean to rain on your party!

    I'd wish too that what you said is true. Hey, I am a well wisher of EB immigration.

    However my understanding is that many 485s were not receipted like yours. Also the processing dates have stuck at that time now. So although admittedly I am not sure how many of those applications were in fact processed, I suspect it is not the majority. There are indications that there are 200-250K pending EB 485s of which 40-45% are EB India and another 15% or so Chinese. Looking at the bigger picture if 35% of these are EB2. I can't see how the EB2 backlog can be cleared before the end of the next fiscal year.

    I whole heartedly agree with you that our speculation and guesswork is often wrong, but it gives us something to do while we wait!



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  • Jaime
    09-10 04:23 PM
    Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!





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  • hsm2007
    10-05 03:43 PM
    Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!

    Hi feedfront,

    Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.



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  • Jaime
    09-10 09:13 PM
    I wish these bills the best! Also, once we have a new president we will have another shot at solving our immigration woes! Let's go for it guys!





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  • smuggymba
    07-12 04:44 PM
    Hi,

    My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

    thanks,

    Rwe

    be ready next month my friend.



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • andy garcia
    01-26 09:40 AM
    I had trouble sifting through all that data and figuring out what that was all about.
    Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.

    Thanks....

    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy



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  • caydee
    04-22 01:04 AM
    Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....

    Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

    The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.





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  • sanju
    04-04 03:32 PM
    keep dreaming ,
    1) H1B based on market ( will never happen ) , how ever hiking it to some
    rational number like 100K to 130K is a good possibility.

    2) reform GC process so that after working for 5 years, with one company
    one should be able to get green card without delay, this would be more
    meanigful as it will demonstrate that the poners really has a full time job
    as oppose to somebody just buying green card without ever
    working for a company.

    thanks

    And why are we disucssing H1b increase/decrease issue again?????



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  • msadiqali
    09-14 04:13 PM
    what is EVL?

    I also got an RFE asking for my employer letter. I moved to IL from CA.

    I got the letter from employer and submitted to USCIS... waiting for answer..





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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.



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  • willgetgc2005
    02-15 08:05 PM
    Retrohatao,

    You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.





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  • abracadabra102
    09-05 02:27 PM
    deleted.. duplicate post



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  • uma_vishi
    02-24 12:10 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.





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  • mallu
    02-15 04:25 PM
    What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
    Anything published ? Just curiosity ( not questioning any current laws )..





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  • stucklabor
    07-24 02:15 PM
    JCmenon,

    No offense taken.

    But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.

    And it is sad that you think that voicing your opinion will get you banned from the IV site.





    cgs
    10-20 04:26 PM
    The following was a response to my request to support legal immigration for skilled workers.
    *****
    Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.

    The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.

    Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.

    As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.

    As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.

    Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.

    Sincerely,

    Barack Obama
    United States Senator


    P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/

    Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/





    pani_6
    01-16 05:14 PM
    Its like a mirroe image for many of us..The point it dont sell your soul for GC..its not worth it..there are other things important in life like family and parents and health..plan well..

    In Continuation from above post...

    8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.

    8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.

    9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.

    9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
    PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.

    12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_

    1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.


    The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.

    I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)

    I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.

    And tomorrow the day starts again with a snooze ahwwwww�



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