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Wednesday, June 22, 2011

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  • Canuck
    02-14 08:10 PM
    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    What WILL NOT happen? - Removal of per country quota for EB Visas!!

    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.





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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu





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  • priderock
    06-30 11:41 PM
    Although our endeavor should be to make USCIS accept applications through out July , In my opinion We should be willing to accept any compromise cut off date for accepting applications. Say for example two weeks from Jul1 or 1 week from Jul 1st etc. (Worst case being cases received until revised dates are published). I know some of them might not get their applications through in first two weeks , but I think it is better than alternative (Which is no one gets through)




    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • Googler
    05-20 09:53 PM
    I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)



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  • Hermione
    09-26 11:12 AM
    Macaca (love your handle, by the way) - wait. All the editor is going to do as a result of these requests is to yank two sentences about the rally out of the article. IV rally does not belong in this article, so all you are going get is LESS publicity. Yes, the article was not factiually correct, but it is not major mischaracterization. It's OK. I'd rather take a CNN article with a slightly incorrect mentioning, then no mentioning.

    Just my $0.02

    The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

    Say rally was organized by IV.
    Put link to IV so they can check IV agenda.
    Put link to Washington Post/NY Times article that correctly reported the rally.





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  • downthedrain
    02-03 10:31 AM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 paystubs from this year?



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  • snathan
    04-03 11:57 PM
    tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
    I really admire the perseverance the core shows in moving forward.

    If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.

    Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
    Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.

    Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this

    1. Coming up one proposal with no proper plan
    2. Attack on core and asking what the core is doing all these days...?
    3. What is preventing core from doing this and that...?

    Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.

    See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.





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  • drirshad
    07-02 06:32 AM
    So far so good, hope we are on the same note rest of the week.



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  • coopheal
    11-12 09:58 AM
    IV core should have two focus: long term plan and a short term plan.

    Long term plan is anything that involves visa increase.

    Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.

    I hope the core is reading this post...

    If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.

    However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.





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  • walker15
    09-10 11:55 AM
    Do you guys see anything live? I'm just seeing eagle picture in my real player........



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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





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  • ArunAntonio
    04-21 11:02 PM
    I was at the meeting / Rally today. There was a decent turn out for the Legal Immigration reformsupporters. The one thing that stuck out when I walked out after the meeting was "NUMBERS MATTER" and this is the first time I saw it first hand. The Supporters of refrom for Undocumented workers were present in VAST numbers when compared to the supporters of Legal Immigration reforms. The other thing I noticed is that Rep. Gutierrez seems to be a grassroots level person who connects with the issues faced by the common man dues to the obsolete immigraiton policies.
    However we have some thing from our end to do and that is to:
    - Call the lawmakers and ask them to support the STRIVE act
    - Keep reminding the lawmakers that our issues need to be addressed
    - Make sure our issues get as much attention and coverage as possible
    - Make our presence felt
    - contribute, so that even though we may not have the numbers, we can make a difference with the $$
    - Keep at it.

    So my comments to all those who were there today and felt that it was not very productive, Please do not get disheartened, it did make a difference, the congressman saw and noticed that the people backlogged in the Legal Immigration channel are also willing to come out and get their word out. It also showed that we all in the IV community are connected enough to generate a showing agaisnt such small notice, we need to keep doing this, but in much bigger numbers and keep active and get out message out.

    - Peace.



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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!





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  • stldude
    07-24 11:53 AM
    I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..



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  • vin13
    03-09 12:59 PM
    Please do not start the may prediction right now. :rolleyes:





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  • anilsal
    12-11 03:44 PM
    I think USCIS is under department of homeland security.

    Department of State is mainly for travel.



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  • at0474
    12-22 12:24 AM
    lazycis,

    Thanks for the quick reply.That was useful information. I also read the document on the link you posted.

    This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.

    However, her pending I-485 seems problematic.

    Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...

    Thanks.





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  • h1techSlave
    02-08 02:44 PM
    sts_seeker, We are perfectly happy to wait "before everyone who filed earlier." If you as a Nepali had a PD in 2001 and my PD is in 2002, I have no problems in you getting your GC before me. In this situation, you have filed before me, so it is fair that you should get your GC before me.

    But today with the Country quota in place, your PD could be in 2007 and my PD could be in 2002. Guess, who would GC first?

    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.





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  • svr_76
    02-19 01:28 PM
    When/(and IF) this bill is passed....DHS/USCIS will be flooded with 12 million (some say 20 million) + all of the EB & FB applicant already in process.

    So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)





    mayhemt
    02-10 10:28 AM
    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?





    sandeepsriv
    01-18 11:50 AM
    I have just contributed $20 and although I have not signed up for recurring but I will try to contribute every month.

    Sandeep