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  • Just so that you know, this fax communication from AILA does not say anything about "Employment based green card provisions".

    It only talks about guest wokrer program and opposes HR-4437.

    You may choose to support AILA campaign and send out faxes from their website for opposing HR-4437, that may help too. Just know that you are not directly supporting "Employment based provisions".

    Let’s be more careful about what we should support and what message we are sending in our faxes.





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  • Point noted thank you!
    SunnySurya -

    I suggest, you should seriously consider discussing above legal point with your lawyer. I hope you agree with me that in legal court, rationality wins whereas emotions lose.

    Good Luck!


    Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.





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  • looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document

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

    this link is not working now.





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  • PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?

    Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.

    http://www.murthy.com/news/UDpen485.html
    According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case

    "The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."

    Anybody please advice if this is still true and based on that
    for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?





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  • Vow!!!..u got ur GC within 5 yrs of landing in US..congratulations. That was the fastest GC i ever heard.

    I know many who have got GC within 1 year of landing in US, same skill sets but are "Program Managers" in Indian IT firms or are with MNC's based out in Hyd, Blore who are site under H1B for projects but filed their GC's under EB1. I know 11 guys now, 4 more have got since I last updated IV with this bogus GC filing under EB1 category.....almost all are either "Working" as developers or Analyst but have special designation and skill sets 'SPECIFIED while filing GC....





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  • Thanks ... normal options in USCIS asks you to call ICE.gov ... BUT ICE.gov doesn't seem to have a local office.. please let me know if anyone out there has gone this route and any update regarding what all documents we need to produce to prove our case. Since its a Billion dollar company they are bound to fight the case (hopefully). Any information regarding the same is appretiate.





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  • Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.

    You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?

    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!





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  • Chanduv23:

    I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.

    Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.

    I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.

    I am pretty straight forward in my approach and do not know how to "sugarcoat". This is not my own organization, I am not the founder of this organization, I am just a member like you. While it is individual's choice of doing what they want to do, what I have noticed is that the negative energy does have cascading effect, especially when things do not happen, those who spread negative energy seem to influence people. Once again, this is individuals own perspective. The fact that things do not happen easily we have to blow trumphets into the ears of people. Like a member said sometime back "Eagles which never flew - would not dare to fly until they are pushed, and when they are pushed forcefully and dropped into the air - they automatically start flying".

    I have done what I can in the best of my capacity and continue to do so, I have considered IV as a self help group and also conducted meetings in the tri state area and continue to motivate people to make them feel a sense for the community.

    If you look at IV as YOUR organization - you can see why it is important to feel a sense for the community.

    The biggest issue our community faces today is the flow of negative energy. To quote examples, I was able to convince some friends for the rally in DC. Everything was going well, now when these people discussed with their collegues they were reluctant and did not show interest. The negative energy prompted my friends not to attend the rally because they felt that not many people are going for it and they tried to convince me out of IV. Such negative energy flows everywhere in the community and we have to overcome it. We can do it only by example.

    Look at all those other immigration forums where people are talking bad about IV including their administrators and their owners - people who follow those websites will hate IV and hinder all our efforts. Such negative energy when it is flowing at a greater level - will cause more and more damage to our community.

    It is simple - if you attack me for what I do - you are spreading negative energy - you are making a common man take a back seat and not encourage them to cooperate

    If I point at h1bmajdoor's posts - I am doing it just to make sure that the positive energy flows and negativity does not influence the community.

    it is a tough battle especially when you have thousands of daggers pointing at you ready to poke you.
    Well, you say I am a smartass - so be it.

    And if you do not support the community - stay away - why poke at someone who is doing something?





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  • Congrats Chandu!!!

    Mine is somewhat similar

    09/10/2010 - CPO emails for self and wife (Friday)
    ........





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  • Everyone knows that increasing green card numbers will be best solution. In that also if we ask too much we may not get anything. Double the number of annual Gc plus exclude dependents will be enough for reducing retrogession but that may not eliminate. But waiting period of 2 to 3 years can be reasonable for most people. I am sure one more chance will come for increasing H1b numbers. That time we can try for GC increase also.

    But I am supporting the flower Campaign for protesting the VB mess up though it will not solve the problem

    You seem to be pretty good at analyzing faults in others' ideas and thoughts . What are your suggestions to acheive releif from retrogression.

    Smitha,
    You can suggest too ...





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  • Not sure I understand this line
    >>
    If things continue this bad, am planning to use my AP to travel back to the US.
    >>
    How can you come back to US w/out passport?

    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.





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  • This is approx data from last year DOS yearly report.

    EB1 = 41k
    EB2 = 53k
    EB3 = 42k
    EB4 = 11k
    EB5 = 2k

    Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )

    so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
    This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.

    This data shows EB2 ROW indeed gave a lot spillover. Total EB2 was 53K out of which India was 19961 and China 6505. Which means around 27 K was used by ROW. So , balance of ROW was added to spill over





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  • This is very serious now, We all better be prepared to screw USCIS if it messes this time.

    Lets wait first for our fee checks to be back .....





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  • I did my part yesterday and feeling good about it.

    Called all the congressmen yesterday.

    Come on folks wake up, all our calls can help. Give it a final push. Please call..

    .................................................. ................
    $470 till date.

    GO IV GO!!!!!!!!!




    I called all of them.





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  • is'nt this exactly what the investment bankers and speculators on wall street did? It was not illegal (since Paulson and Dubya have deregulated the market so much) but it has now led to the biggest economic downturn in decades, has decimated the retirement savings of millions, and led to millions losing their homes and jobs. Nothing illegal, good for the people who made those decisions (millions in bonuses) but absolutely disasterious for society as a whole.



    this is a big irritant I have in this whole problem. People are blaming everyone but themselves. Those who bought houses to flip, or mortgages that they cant afford blame the lenders, the housing market, alan greenspan etc. The CEOs of the Detroit big-3 earlier this week blamed the economy, california emission standards, fuel prices etc.
    WHat has happened to taking responsibility for their own actions?? Of all the financial firms it is the one doing somewhat ok: Goldman Sachs, which has cancelled bonuses for their execs. All these other firms which came tincan in hand begging for taxpayer bailouts should all also, by default cancel all salaries and bonuses for the execs. But no, there is no taking of responsiblity any more. Any problem that anyone in America has, is someone else's fault. Disgusting.
    You are raising issue of regulation. Personally I am in favor of some level of regulation. In past decade, the industry got de-regulated bigtime and you see the effect ...
    Now what is crime is also decided by society/lawmakers. Financial engineering, derivatives market need new defination of financial crime which we don't have yet. But as of today, they officially haven't convicted any crime.
    My only issue has been the bailouts. I am absoulately against bailouts. Since these people haven't officially committed any crime, let them suffer for their decisions.This includes anyone banks, individuals, Big-3 etc.
    For me it is not important whether they take responsility or not. They made bad decisons, got fat bonuses, now time to pay back ...





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  • North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?

    My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.

    I'm EB2/ Masters from US school and in my seventh year H1-B.





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  • AMY GOODMAN: Our guest for the hour is Lou Dobbs, well known as the CNN anchor of Lou Dobbs Tonight. In May, the New York Times published a critical article about you, Lou.

    LOU DOBBS: [inaudible]

    AMY GOODMAN: It was called �Truth, Fiction and Lou Dobbs.� Columnist David Leonhardt wrote, �Mr. Dobbs has a somewhat flexible relationship with reality.� Leonhardt highlighted this profile about you that aired on CBS�s 60 Minutes.

    LESLEY STAHL: One of the issues he tackles relentlessly is illegal immigration. And on that, his critics say his advocacy can get in the way of the facts.

    LOU DOBBS: Tuberculosis, leprosy, malaria?

    LESLEY STAHL: Following a report on illegals carrying diseases into the US, one of the correspondents on his show, Christine Romans, told Dobbs that there had been 7,000 cases of leprosy in the US in the past three years.

    CHRISTINE ROMANS: Leprosy, in this country

    LOU DOBBS: Incredible.

    LESLEY STAHL: We checked that and found a report issued by the US Department of Health and Human Services saying 7,000 is the number of leprosy cases over the last thirty years, not the past three, and nobody knows how many of those cases involve illegal immigrants.

    [interviewing Dobbs] Now, went to try and check that number, 7,000�we can�t. Just so you know�

    LOU DOBBS: I can tell you this: if we reported it, it�s a fact.

    LESLEY STAHL: You can�t tell me that. You did report it�

    LOU DOBBS: No, I just did.

    LESLEY STAHL: How can you guarantee that to me?

    LOU DOBBS: Because I�m the managing editor, and that�s the way we do business. We don�t make up numbers, Lesley, do we?

    AMY GOODMAN: A day after the 60 Minutes report aired, Lou Dobbs discussed the issue on his program with his reporter, the CNN reporter Christine Romans.

    LOU DOBBS: Then there was a question about some of your comments, Christine, following one of your reports. I told Lesley Stahl we don�t make up numbers, and I will tell everybody here again tonight, I stand 100% behind what you said.

    CHRISTINE ROMANS: That�s right, Lou. We don�t make up numbers here. This is what we reported. We reported: �It�s interesting, because the woman in our piece told us that there were about 900 cases of leprosy for forty years. There have been 7,000 in the past three years. Leprosy, in this country.� I was quoting Dr. Madeleine Cosman, a respected medical lawyer and medical historian. Writing in The Journal of American Physicians and Surgeons, she said: �Hansen�s disease��that�s the other modern name, I guess, for leprosy��Hansen�s disease was so rare in America that in forty years only 900 people were afflicted. Suddenly, in the past three years America has more than 7,000 cases of leprosy,� Lou.

    LOU DOBBS: It�s remarkable that this�whatever, confusion or confoundment over 7,000 cases. They actually keep a registry of cases of leprosy. And the fact that it rose was because of�one assumes, because we don�t know for sure�but two basic influences: unscreened illegal immigrants coming into this country, primarily from South Asia, and the�secondly, far better reporting.

    CHRISTINE ROMANS: That�s what Dr. Cosman told us, Lou.

    LOU DOBBS: And, you know, in talking with a number of people, it�s also very clear no one knows, but nearly everyone suspects, there are far more cases of that. It is also, I think, interesting, and I think important to say, one of the reasons we screen people coming into this country is to deal with communicable diseases like leprosy, tuberculosis. The fact is, if we would just screen successfully, all of those diseases can be treated effectively, efficiently and relatively quickly.

    AMY GOODMAN: That�s Lou Dobbs on the show. The source behind the claim that there was a spike of 7,000 new cases of leprosy was a controversial medical attorney named Madeleine Cosman. In 2005, she described undocumented immigrants as �deadly time bombs, because of the diseases they bring into the country.� Cosman, who died last year, has also been criticized for these comments she made about Mexican men.

    MADELEINE COSMAN: Recognize that most of these bastards molest girls under age twelve, some as young as age five, others age three. Although, of course, some specialize in boys, some specialize in nuns, some are exceedingly versatile and rape little girls age eleven and women up to age seventy-nine.

    What is important here is the psychiatric defenses: Why do they do what they do? They do not need a jail; they need a hospital. They are depraved because they were deprived in their home country. But more important is the cultural defense: they suffer from psychiatric cognitive disjuncture, for what does a poor man do if in his home country of Mexico in his jurisdiction if rape is ranked lower than cow stealing? Of course, he will not know how to behave here in strange America. This is thoroughly reprehensible.

    AMY GOODMAN: Madeleine Cosman, that�s her quote. She actually is not a medical doctor. She�s a Renaissance author and scholar of sorts. Lou Dobbs?

    LOU DOBBS: What would you have me say, Amy? Because what�the reality is what you don�t say, is that Leonhardt�s piece was filled with errors. Secondly, Madeleine Cosman, as we learned following that report in Physicians and Surgeons, the publication, is precisely what you styled her: she is a wack�or was a wackjob. But the New York Times didn�t know that, either. If you would read the obituary for Madeleine Cosman in the New York Times�have you done that, by the way? She died a year ago, which was, by the way, a year after we had used her as a source in a report, along with other people. Did you read that obituary? Did you find that the New York Times had come to basically the same conclusion we had, that she was a credible source? Because if you read that obituary, it is glowing and filled with plaudits for Madeleine Cosman. And so�

    JUAN GONZALEZ: Well, but, Lou, I think the issue�

    LOU DOBBS: But I must�no, no. I am going to say this�

    JUAN GONZALEZ: The issue is that we, as journalists�

    LOU DOBBS: To go through a body of

    JUAN GONZALEZ: �all have our own responsibility to�

    LOU DOBBS: No, listen to me, Juan�

    JUAN GONZALEZ: No, no, no, no, no, Listen�

    LOU DOBBS: �because at least we can have some civility�

    JUAN GONZALEZ: Lou�

    LOU DOBBS: �to go through this and try to convey that this is a body of work. I spoke for eight seconds after that report on tuberculosis and the screening of illegal immigrants into this country. For eight seconds. And you�re trying to project this as if it is reflective of a body of work. And that, I think, is�I think�

    JUAN GONZALEZ: No, but, Lou, the issue�

    LOU DOBBS: I would hope that you would be embarrassed by that.

    JUAN GONZALEZ: No, Lou, the issue is�

    AMY GOODMAN: You�re the managing director of your show�

    LOU DOBBS: I am the managing director.

    AMY GOODMAN: �and editor of your show.

    LOU DOBBS: And let me ask you a question: how many�how many people are on the registry for Hansen�s disease in this country?

    JUAN GONZALEZ: 7,000, total.

    LOU DOBBS: It�s over 7,000, correct.

    AMY GOODMAN: For thirty years.

    JUAN GONZALEZ: For thirty years.

    LOU DOBBS: Absolutely.

    AMY GOODMAN: You said over the last three years because of illegal immigration.

    LOU DOBBS: And what did we say? Did I say because of illegal immigration?

    AMY GOODMAN: Yes.

    LOU DOBBS: I said no one knows, but one assumes primarily, because they�re not being screened. That�s what the doctors at the Hansen centers were telling us. Secondly, the issue of�if you want to, I mean, explode eight seconds into a whole body of discussion, fine. The reality is, I think you would agree, that if we were screening illegal immigrants, as well as legal immigrants, we would probably have a heck of a lot less in the way of tuberculosis in this country, and Hansen�s disease.

    JUAN GONZALEZ: OK, Lou, I�d like to get into�take this in a much deeper perspective than just the particular fact�

    LOU DOBBS: I hope so.





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  • I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)

    Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.

    I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. May be highschool dropouts in US may not be that bad when contrasted against that statistics, after all Bill Gates was also a dropout. Also the dime-a-dozen so-called "engineering colleges" in India that feed Indian offshoring companies are known for QUANTITY and not QUALITY. Indian students go for (or their parents pay for) those courses offered in those colleges precisely because they offer a better future - i.e. they feel they get a good ROI on their investment, even if they don't have the interest or aptitude for Computer Science or engineering. These days, these facts are known to a lot of americans working in IT.

    If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted. This is what President Obama also emphasized today about the need for fundamental change in unemployment allowances helping to retrain the laid-off workers.

    It will no doubt cut into the obscene profit margins of TCS/INFY etc., as they will be forced to play by the rules.





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  • Does anyone understand what is used to calculate the 3 year period for advanced degree olders?

    Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.

    This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.





    Got the card production ordered e-mail!!..





    I was wondering why the status went backwards (from CPO to Decision) and if that that is a normal process.

    Thanks,

    I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Card/ Document Production

    On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    My wife received here Welcome letter but I did not get one yet. Here is my timeline...


    09/08/2010 - CPO emails for self and wife
    09/09/2010 - Got emails updating the status to Decision for self and wife
    09/10/2010 - Standard CPO email to self
    09/11/2010 - Wife got the welcome letter (I-797) by USPS
    09/15/2010 - CPO email to self with the new message (Document sent to address on file)

    Still waiting for cards in hand.

    Thanks,
    Tempy



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