Saturday, June 18, 2011

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  • msyedy
    06-12 04:58 PM
    Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...

    I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.

    Our job is to get backlog relief.. How we do it is the question....


    If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
    However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
    CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.

    My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
    And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.





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  • pbuckeye
    02-12 08:54 AM
    Folks,

    lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.

    - correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".

    We have established that there is no document to support this but can we find out if this assumption can be true?





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  • chanduv23
    03-17 10:08 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

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

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

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

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

    Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.





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  • gvenkat
    10-20 01:24 PM
    //Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.//

    well said.. but wait a minute.. why are we all debating.. we dont have voting rights... :D:D:D.. but whoever thinks mccain is the savior... god help them



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  • pappu
    01-18 01:18 PM
    we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.





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  • sledge_hammer
    02-13 05:01 PM
    You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?

    Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?


    .



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  • ImmiLosers
    11-22 12:26 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!





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  • snram4
    04-10 03:34 PM
    One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.

    We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf

    On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"

    Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.

    Question:
    Are this Numbers are total VISA demand recorded at DOS?

    Anybody other Views?



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  • bsbawa10
    03-09 01:38 PM
    I cannot express my anguish.





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  • virtual55
    07-05 01:16 PM
    Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.

    Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
    Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.

    Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.



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

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

    Just an FYI





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  • vicky007
    04-26 02:50 PM
    Guys,

    I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
    President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.

    Regards.



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  • ksurjan
    07-24 01:39 PM
    Can anyone confirm if the files are actually being transferred from Nebraska to Texas? Why is the compliance date for Texas 10/26 and for Nebraska it's 8/1.





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  • chanduv23
    09-28 10:25 AM
    Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.

    When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.

    Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.

    A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.

    So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.

    Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.

    Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types



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  • nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.





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  • h1techSlave
    03-17 02:15 PM
    I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lendors were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.

    I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 100, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars :D. Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.

    In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.



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  • chanduv23
    07-02 07:20 AM
    i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.

    Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.





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  • niceguy369
    01-31 02:30 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.

    Thanks.





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  • vegasbaby
    10-12 12:18 AM
    Wow. period.

    I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.

    We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.

    Here's the actual conversation.

    Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".

    Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"

    Officer1: "Sir, your documents"
    Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."

    Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."

    Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"

    Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"

    (They talk)

    Officer 1: "Are these valid?"
    Me: "Yes"
    Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
    Me: "F-1?"
    Officer 1: Name?
    Me: I tell him.

    He calls someone up, finds out, checks my status and returns my ID.

    And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".

    Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(

    Damn, I miss India now.



    I work at El centro, CA. Its right on the border with Mexico abt 30-40 miles I guess. Each time the immigration officer stops me w/o fail & checks for my papers. Law is I guess, if you are traveling from 40 miles of US border with Canada/Mexico, you need to carry immigration papers.





    sunny1000
    07-24 11:26 PM
    The below is the answer I got from my attorney.

    "You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."





    Jerrome
    07-13 08:30 AM
    Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.



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