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Friday, July 1, 2011

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  • yogi13229
    07-08 03:10 PM
    I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:

    1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).

    2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.

    3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category

    4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485

    Thanks
    yogi





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  • chanduv23
    06-08 11:03 AM
    Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.

    For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).

    employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.





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  • angelfire76
    05-28 10:50 PM
    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:





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  • PlainSpeak
    01-14 04:34 PM
    I did not see any plan yet. Basically he is wasting time with opinions from behind.
    Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that

    Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses

    Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
    Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum

    Ok you know what if i agree to the point that all this is junk will you keep off this post?



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  • hiralal
    05-29 10:41 PM
    as always we need to highlight the benefits of Legal immigrants ... how do we do that in the present scenario ..once we answer that ..we can build a campaign on that ..DOES ANYONE have a answer ?
    -----------
    my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!
    look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!
    ------------ anyone has a better campaign ..do reply





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  • chanduv23
    03-27 03:35 PM
    JAB TAK SAMOSAE ME AALO HAI
    TAB TAK INDIA MAE LALOO HAI

    We never know - Laloo could make it.



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  • tikka
    07-03 09:35 PM
    http://immigrationvoice.org/forum/showthread.php?p=98755#post98755


    Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :

    1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
    2. Violation of federal regulations and precedents.

    A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.

    The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.

    Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.





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  • Subst_labor
    03-16 01:21 PM
    Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)

    Do verify this with a good lawyer.

    yeah, i know this thing is dicey! thanks for your advice, need to look for another lawyer now..



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  • mihird
    10-09 04:24 PM
    what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?

    db

    You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..





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  • sertasheep
    07-03 04:42 PM
    We have the following stories compiled so far;

    New Jersey Member Stories (http://www.mydatabus.com/public/immigrationvoice/NJ_Stories_V5.pdf)

    Disclaimer:This is a PDF. Please use your discretion and caution in scanning it for viruses.

    Please note that we need all the extra help, and require your diligent set of eyes and ears.
    In addition to that, you can also publish your story here as a post along with your Name and bio details like in the above document.



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  • chanduv23
    09-04 10:09 AM
    Corruption, particularly in India, is like a software, which only gets better with every release. YSR took the corruption to a level unknown till now, I bet he'd put lalloo to shame. What development are you talking about. Don't you hear increase in inflation, or farmers suicide or land grabbing. If you haven't visited Hyderabad recently, you better do it soon, else by the time you visit next time you won't see hussain saagar, but a few multiplxes or luxury homes instead. I'm sure in the next release (read CB Naidu becoming CM), he might take it to a whole new level.

    THE DOMINATING EVIL OF BLACK MONEY.
    In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
    Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
    Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
    To-day�s civilized world has accepted the phenomenon of hiding money in Swiss Banks as �NOT ILLEGAL� obviously because the CREAM OF SOCIETY in the world owns that money. ��..
    Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
    If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
    ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
    "CORRUPTION IS A WAY OF LIFE IN BUSINESS"
    If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
    THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
    In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.





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  • gauravster
    06-02 05:17 PM
    Consultation for these purposes is free at some places. Check out

    http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York

    I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.

    Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html



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  • nixstor
    09-23 11:42 AM
    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.

    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.





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  • shreekhand
    08-15 01:40 PM
    Couldn't have agreed any more than this:

    Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)



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  • arunmohan
    06-03 07:34 PM
    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.

    IV and Donor members please proceed for this. I am willing to donate money for this.

    We can ask from Ron Gotcher if this is possible or not.





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  • Jungle_Cat
    02-14 02:37 PM
    $25 for intial consultation....If there is a solid ground to go forward,am there for this movement.



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  • 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...





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  • rahulpaper
    06-28 04:58 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exhausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..


    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.





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  • gimme_GC2006
    09-04 02:28 PM
    gimme_GC2006,

    Completely agree with you. Also, notice that, this has became a trend in all states

    UP: Mayawati
    TN: M. Karunanidhi and Jaya Lalitha
    Bihar: Laloo; Started with this guy
    AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)

    and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.

    You forgot to add CBN, TDP etc..they are not any less..all of them are basically chauvinists





    Jerrome
    09-24 09:53 AM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.





    at0474
    12-14 01:11 PM
    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.

    --Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.



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