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  • The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question

    This is due to the limit of 7% per country of available Family Based Visas and 2% for dependent areas.





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  • Dude I am not saying Aravas needs to learn Hindi.. Why should they an Hindi in TN that is the over piched loudness I am talking about. Chennai is metro city dude.. So many language people are stying there... for rest of the indian the hindi boards needed... Whats wrong..
    But politicians and tamil activists successfully spread the hatered...:eek:

    Then go to Asam and the naxels are waiting to kick your ass. And go to Mumbai and the Raj thakrey will give you enough shit





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  • Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
    And if you don't like other views please don't waste your time by responding to them.
    As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:

    Hasta la vista Baby!

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?





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  • Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!





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  • Here is the official information on SS benefits while living outside USA.

    http://www.socialsecurity.gov/pubs/10137.pdf

    Per this rule, Indians are eligible for SS benefits while living in India (at the time of claim), if they have lived in US for 10 years or have 40 Social security credits (That is 10 years of SS contribution.).





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  • WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.





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  • Problem is with out any attorney's support or making a case for them they cannot file it, stupid creativity by legal folks and these sweat shop clowns.

    Same thing happened with labor substitution, these clowns sold their labor certifications to just came in tards for a premium, and they got their GC's.

    Fr****ekkkkkin loop holes.





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  • Wow, you have a great suggestion for him, I am sure he took your suggestion and did the right thing, do you have a similar suggestion regarding immigration to Obama ?, if so you better let him know what you think, you seem very open minded about giving suggestions.

    Please read all his post first and you will understand the reason for this comment.





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  • right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.


    Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...





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  • I disagree. Christ still needs a passport and has to go through immigration check at port of entry to land in US. The easiest for HIM is to get an F-1 visa and then change to H1-B and apply a Green card.

    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p





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  • Hey dude
    Dont insult a whole state....dont blame/depend on other people in making your decisions...
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.





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  • Guys,

    I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.

    I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.

    Some information can be:
    1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
    2. State, County and Zip Code
    3. Current Immigration Status
    4. I-140 approved: Yes/No
    5. I-485 pending: Yes/No
    6. Number of dependents
    7. Do you own a house: Yes/No
    8. Will you consider buying a house if GC is approved? Yes/No
    9. Profession
    10. Expected 2007 year Taxes - (1) State (2) Federal

    We can add more fields if needed.

    Now, this information can be presented in a numerous ways, for example:

    1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.

    2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house

    2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved


    I understand that there are two challenges here:
    1) Getting people to write to IV
    2) Collecting the data. I have some thoughts on this:
    - Perhaps we can have a PO Box for each region
    - We can have the state leader, and a couple of others go through this information
    - We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.


    I think data collection and organization is doable. The hard part is getting the community involved.

    Any thoughts guys?





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  • i sent emails all three nightly news shows at nbc, abc and cbs

    i also sent an email to anna at sepiamutiny





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  • We need a thorough analysis of this document and an assesment how it affects our membership. If this is something our members want IV to discuss with USCIS, we can do it. All those affected by it, and willing to volunteer can contact IV to form a team and work on the analysis of this document.





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  • The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.

    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?





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  • Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.

    Read this quote from Ron Gotcher, assuming that he is getting the data from CIS sources for EB2 ratio between India/China is 2.5 : 1

    Immigration Information Discussion Forum - View Single Post - Collaboration on visa quota data/analysis (http://www.immigration-information.com/forums/33180-post56.html)





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  • Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________

    Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.





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  • Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.


    Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.





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  • Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that



    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law





    Hi Keeme,

    My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
    Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.

    Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?





    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.



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