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  • srkamath
    07-04 03:16 PM
    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.


    Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......





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  • monika
    07-23 07:33 PM
    When we emailed him about our concerns regarding this issue his response was the following:
    I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
    To tell you the truth I'm still very worried.





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  • tjayant
    11-21 09:45 PM
    Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485





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  • ItIsNotFunny
    10-20 01:20 PM
    How stupid can someone be to give me a red for my previous post.

    Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.

    I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.

    Gave you green to keep ourselves up :)

    I also has similar issue. People putting red dots with no messages "." or saying "You Suck".

    One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.

    One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!



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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • ksvreg
    04-08 10:04 AM
    Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".



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  • delax
    07-14 08:01 PM
    Yes. I VOLUNTARILY exclude myself from any such potential benefit. :)
    I am surprised by the defence of this lawfirm in most of your posts on this forum.


    And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"

    By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".

    Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.





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  • vdlrao
    09-26 02:43 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB



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  • sanju
    02-03 05:12 PM
    Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
    I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
    also please suggest on conferencing facilitie..

    Thanks

    Whatever you do, do not ask Senator Cornyn to sponsor anythiong for us this year. He has been our champion in last 2-3 years and he is a great guy. But right now, democratic majority is very pissed off from Senator Cornyn. And anything Senator Cornyn sponsors/cosponsors will never get done in this Congress. Watch the news about Senator Cornyn carefully, and you will know what I am saying. Stay away from him, and if he says he will sponsor anything for us, request him not to, if you want to get anything done.

    And BTW, the folks you are listing have already supported our provisions in the past, other than the incoming Senator Gillibrand. The important thing is to get the support of the Democratic leadership. Without leadership support, it won't anywhere.

    .





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  • txh1b
    04-08 12:05 PM
    Yeah. Right!

    Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.

    It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.

    Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.

    If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.

    BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!

    Subject: FW: 5% NRI TAX

    5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10

    Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.

    This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..

    This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.

    For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/



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  • Aah_GC
    05-28 04:03 PM
    Finally after 6 years, its my turn to report. Online is NOT updated but when I called NSC they informed that it was approved on 05/23/2008. They also informed me that it will take 6 business days to get the card(card ordered on 05/23/2008).

    Congratulations to you and family. Have lots of fun and a bright future ahead!





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  • rajuram
    11-10 10:09 PM
    bump



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  • prince_waiting
    09-26 10:06 AM
    Respected Editor,
    Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
    CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.





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  • ashwin_27
    06-10 01:02 PM
    Track the status of this bill -

    S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)

    We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
    As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.

    What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?



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  • pappu
    07-23 10:36 PM
    May be I asked you same question before.
    What is the best way to send to CIS when receipt notice is not received yet.
    When you said reject, what do you mean?
    Will CIS reject before issuing RN or after issuing RN?
    - Which receipt notice? 140?
    - I meant denial.
    - After issuing RN and later during adjucation process.





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  • vdlrao
    07-14 12:45 PM
    Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.


    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162

    Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030

    Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481

    Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806

    See the link below for reference:

    http://www.dhs.gov/xlibrary/assets/s...7/table06d.xls



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  • jthomas
    06-01 10:31 PM
    I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.

    May I ask, do you happen to have out of state licence plate?

    Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.





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  • Macaca
    01-18 10:06 AM
    Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.

    In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.





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  • EB3_SEP04
    05-26 06:15 PM
    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...

    My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
    So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.

    During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".

    so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".

    There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)





    karanp25
    07-14 06:34 PM
    That's possible too. Please share when you received this RFE?

    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.





    bayarea07
    09-10 02:20 PM
    I dont think its the Right Link the link that you sent has lot of action going on but
    http://judiciary.house.gov/hearings/calendar.html
    has people moving all over the place and no action


    I found another link. Not sure if its the right one ?

    http://www.c-span.org/Watch/C-SPAN_wm.aspx



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