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Friday, August 5, 2011

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  • ksircar
    06-21 03:47 PM
    Hi Neocor,

    I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?





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  • vikki76
    01-13 05:38 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.
    Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.





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  • miguy
    03-20 08:10 AM
    Please see answers in blue below


    You are welcome.


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • vamsi_poondla
    05-02 09:34 PM
    Language is a very hot boiled subject. We have to be a bit practical about what makes it work. Anti-hindi agitations have other roots as well. Understanding Dravidian history needs an open mind. Same is the case with everything about India.

    IMO, India is not formed with a single ethnic group colonizing almost empty land and forming a nation based on some principles and later vast immigration followed by years on assimilation based on melting pot concept. It is more of an idea that is formed politically. All 4 south Indian states having a vast culture being ordered to use one language perhaps backfired fueled by resentment against upper castism that existed in Congress during that time.

    Again, it is not either supporting or criticizing any event. That is what happened. We have all Hindi movies being super hit in Chennai. Once can walk in any street in Chennai and transact in English. I find many auto-drivers or even common man,go out of way to help when I speak in English in Chennai. So, please dont stereotype,

    Coming back to the point, if we had gone for Hindi as a national and sole business language, (I dont like insisting any thing in a democracy), we would have perhaps missed IT/BPO wave and most of us will not be here in this forum.



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  • reachinus
    07-28 09:56 PM
    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?

    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.





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  • alterego
    06-27 10:34 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.



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  • jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!





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  • pappu
    01-28 05:12 AM
    Such people give a bad name to high skilled immigrants. They give fodder to anti immigrants to talk against H1Bs and greencard applicants by talking about abuses and exploitation.
    IV is against any kind of breaking of the law and condemn such people. I'm sure DOL is watching Sulekha website since this is the place where such ads have been posted and reported.



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  • r2i2009
    01-18 08:11 PM
    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs......but payroll being generated....


    Hmmmmmm......USCIS this is not enough.





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  • Keeme
    05-01 05:55 PM
    Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted.....

    I take it back !



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  • sledge_hammer
    05-28 10:37 PM
    Damn USCIS!!!!!

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.





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  • rockstart
    07-08 12:52 PM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.



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  • oliTwist
    06-14 12:44 PM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.





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  • NolaIndian32
    10-28 01:30 PM
    Can Nixtor or IV Core share some updates on the status of this idea/project.



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  • poorslumdog
    08-18 11:33 PM
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    I think you think too much...by the way this is how you communicate in your office. American would think twice even come near to you...Good defence...:D





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  • gcfriend65
    06-28 09:14 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.

    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.



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  • AB1275
    09-25 03:51 PM
    I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?





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  • akred
    02-13 12:36 PM
    I think the US government wanted it this way.


    Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.

    http://academic.udayton.edu/race/02rights/immigr09.htm





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  • ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:



    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





    Jagadish1978
    07-19 07:28 PM
    I have these below queries on Green card processing

    My Green card processing background
    My labor and I140 are approved and have priority date of May 2006 under EB3 category.

    The reason for these questions is that I am planning to change the company that I am working with.

    Questions.
    1. Can I port the priority date (March 2006) when applying for new green card with new employer.
    2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.





    michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm





    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.



    Thanks and best regards,


    xx



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