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  • However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.

    Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
    Looking at only BIG IT sponsored H1b's may result in a much reduced EB number

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  • look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.

    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.

    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.

    So brace for the change because the times are a changing...

    can't believe lahiribaba you're still waiting with those PDs

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  • It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....


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  • We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -

    Show Mr.Advani's track record before changing the govt.

    Otherwise why its only Advani. We can try with Mayavathi, Mulayam, Jayalalitha and Karunanithi also...

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  • I assume that all the EB2 India who have decided to go for CP route will get their immigrant visas stamped in India. I noticed that New Delhi and Mumbai consulates posts a list of candidates due for immigrant visa interview at their website by the middle of the month. May be this list can give us an idea as to how many EB2 India will get their GC through consular posts:

    This is the link for New Delhi consulate: http://newdelhi.usembassy.gov/visa_interview_dates.html

    This is the link for Mumbai Consulate : http://mumbai.usconsulate.gov/interview_appt_schedule.html

    At the links mentioned above, you will find PDF documents telling us how many Employment based (EB2) people are scheduled for an interview during August 2008.

    If we can search and locate similar links for Chennai, and Kolkata consulate, probably by mid August we would be in a position to find out how many EB2 India are going to get their GC's in August 2008 through CP route. This will also tell us how many visas USCIS has got to process/waste.

    Gurus ... am I making any mistake here?

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  • Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!

    Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US

    Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!

    I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........

    Now post what you find in your area!

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  • A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.

    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.

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  • Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?

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  • I love that idea but too late now :)

    ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)

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  • Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.

    in a nutshell:

    an end to retrogression for all
    increased GC quota
    removal of per country quota
    efficient processing of applications

    the per country quota issue is only one among the measures
    we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.

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  • Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.

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  • ah one more dirty politician gone... taking a deep breathe. I hope more corrupt fellas follow

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  • Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.

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  • Unseenguy,

    I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!

    2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.

    My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.

    So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.

    What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.

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  • According to first post in following thread ,

    attorney Ron Gotcher says ( he got info ),

    Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    * In April, India and China EB2 will be set at 12/01/2003
    * EB3 for India and China will slow down for the rest of the fiscal year"

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  • Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)

    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?

    so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?

    The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.

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  • Matthew Oh mentions Immigration Voice on his website and links to our site. He reports the response of Emilio Gonzalez to the flower campaign. Matthew writes "Salute to the members of this group for the job well done". :)


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  • You basically get an I131 which has all your immi information on it. It also includes your photo and validity period. There is also an area for stamping it when you re-enter the country. I hope this helps.

    yes, thanks!

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  • Just wanted to mention here that i got an email from my attorney's paralegal that they got receipt notices on friday and will let me know about them soon.

    As of now i do not have any idea the receipts are from which centre.

    Thanks for the responses.

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  • Friends,

    Finally we got our receipt numbers today from the Check Images. Our Application reached USCIS on 07/03 by USPS Mail. Don't know who signed it. Have been waiting for it patiently. All our receipt numbers start with SRC so from Texas. My I140 was approved form Texas and there was an LUD on the I140 on 07/28.

    All the best for whom ever is waiting for the receipt numbers. You guys should get it pretty soon.

    I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.

    Waiting for reply.

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  • Amicus brief filed in the 1st Circuit appeal by AILF.
    The brief discusses in details three major questions:

    1) why the USCIS has a duty to adjudicate any application properly filed with them
    2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
    3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.


    Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.


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  • My 485/EAD/AP application was filed last month at NSC and the recipt date is 04/19/2007. First time when you apply for EAD at NSC how much time it will take approximately to get the EAD approval?

    Appreciate your help

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  • Can you update your profile for a better EB community statistics?

    Can you please ask snathan same thing.

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  • I have sent the 4 letters today.

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  • In Grassley's home page there is an article captioned "Grassley Works to Eliminate Fraud and Abuse from H-1B Visa Program". http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=20327

    There is a very easy but effective method to stop H1B abuses. Just make EB based immigration an integral part of the H1B visa. Meaning, as soon as the employee starts to work on H1B for any employer the below two things should happen:

    1. H1B should like an EAD. As soon as your H1B gets approved thru one employer, then the employee should be able to take that same H1B visa and work for another employee in a similar role.
    2. The employee's GC clock should start as soon as the H1B starts. After 5 years into H1B with any employer, the GC should come in the mail, with out any additional processing or application required by anybody.

    Implement these above things, then H1B abuse will be a thing of the past.

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  • cannot locate my wife's OPT card from 2003
    all other documents for status are available
    how important is that card?
    any way to get a duplicate/copy??

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  • My receipt date is June 20 and my PD is Oct 2002. If the July visa bulletin does retrogress, will I still be affected with regards to I-765?

    No. Since USCIS accepted your application when your PD was current, then you are fine.


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  • And then people will argue about how many arms does an octopus have :D

    We could use a free volunteer octopus. do we have leftovers from the reception? :)

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  • this thread need to be on top.
    guys, take 5 mins of time this weekend and mail your letters. please show support for IV.

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  • same here.. still waiting, Opened SR - Under Review and senator inquiry but same reply.

    Good LUCK, dipika

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  • letter sent to white house and will send copy to immigration voice address.

    thansk IV

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  • Hi All

    I received the passport from VFS (h1-B renewal - PIMS check delay) after a wait of 2 Months... All the best with your case !!

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  • http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.

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  • So he did not insist on waiting for 90 days. When did he promise a response back? If you were not in the system, how are they going to check?

    BTW, I am also July 2, J Barret, 10:25am, No receipt yet.

    Nope I gave him all info with application mailed on 11 June. They shd be able to pull info with my LS, FS, DOb and center filed.. not by date filed. Lets hope for the best. Yes he could see my checks not cashed and no info about me in the system.. may be thats why he made an email inquiry to NSC.

    Hope this helps.

    Pages 245 and 246 includes recapture clause

    From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.

    So Guys...

    This is something really cheap of you people to think.....

    I read a lot of posts where they mentioned that chuck should proceed with the bill.... so that small desi companies dont perish and that will stop abusing the H1B program...

    I really dont understand that no one condemed that remark.. Guys who work in big companies are safe by this rule... So what happens to the one sustaining the so called abuses and remaining intact to get their GC's

    No wonder we are not able to make progress as much as those illegal immi's do...

    Way to go guys... This kind of spirit will take us to great highs


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  • I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.

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  • I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries. :(

    Unfortunately it is true. I have read that this check is done especially for people whose country is consider in risk. For example I am from Peru. My country has drug traffic problems, so my name must be checked with the Peruvian police records too.

    That�s life!!!!!!

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  • Well said. Lets forget this USCIS and DOS nonsense and focus on our daily lives and some vodka !!!. Cheers

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  • Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.

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  • As I had mentioned earlier in this thread - I had received 3 referral credits through IV. (actually I had sent out more invitations - but not everybody accepted/used my invitations).

    For this, as I had promised earlier in this thread - I will contribute $75 to IV once I start using these referral credits (which will happen from next month once my own sign up referral bonus runs out).

    Two of the three referrals who used my invitation also promised they will contribute $25 to IV for the referral.

    To me, this appears to be an acceptable use of the IV message board. Anybody benefitting from IV by getting referrals may want to do the same.

    OTOH, I think it is unfair to abuse the IV platform for personal gain. No other respectable message board allows that. Try these referral spam or other trolling activities in fatwallet of SD, and see how fast you get banned for it even though they are explicitly for deal hunting. Online anonymity is a great thing since it masks a trolls true identity. But think again - your identity is not really as secure behind online anonymity as you think unless you are a professional troll and have taken elaborate measures to obfuscate things. Trolling may come back to bite you.

    Now, a question for mods - I went in to sign up for another recurring contribution for 3 months for $25 today (in addition to my normal subscription). However, I cant find any option for $25 recurring contribution now.

    just when I thought I came up with an innovative idea to get more funds to help us, I see you already thought about this before I did.

    I'm planning on sining up for vonage. Please send me an IM and I'll respond back.

    Because both of us are saving $50 each, I expect you will donate at least $25, and I'll will donate $25 for my part.

    Thanks for supporting IV.

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  • Sure, I also added a few lines about my own immigration story.
    But Name/Address/Phone number should be included definitely.

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  • I do not want to spoil the fun and do truely appreciate the efforts by the IV team. But after sitting in the GC queue for 7 years, all my hopes nearly dead. Campaigns come and go but nothing ever happens.

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  • I was told I can't travel international after filling I-485.
    I can travel international only after receive the receipt of I-1485.

    Is this true?

    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?

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  • They refer to ads on Sulekha and other similar portals

    On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies

    But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.

    but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.

    Guys with stock investment in indian IT compnies Heads UP !

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  • Finally I am greened.

    For me here is the status.

    Card/ Document Production
    On August 18, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

    For my wife, status is like this.
    On August 18, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    Did anybody get the above status? What does not it mean?

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  • I agree with what you are saying. But, we need to compare the taxes too. Not sure of the taxes charged by vonage when compared with teleblend.

    even if the taxes are slightly more, vonage gives you 2 months free (save $50) and ships you adapter free, no shipping and activation with a referral. Your referrer gets 2 months free too. If you put this in to mathematics, vonage may come out cheaper than teleblend. Additonally its much more established and bigger VOIP provider.

    However teleblend now offers unlimited US, Canada etc only for $99 for 1 year. This is unbeatable as it comes out roughly $8 per month. Good option to consider for those who do not need unlimited india plan.

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  • What was the LUD you received on Sep 17th? I got the same msg on 09/09, but nothing after that. Is your online status changed to card production?
    There is no message. Just a soft update on the date. I just called USCIS and no news was disclosed and asked to wait for another 30 days for response.

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  • I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?

    Yes you can -when you were eligible for the EB2 filing at the time of filing for EB3!

    Why would someone do that u ask? Please call my employer and ask him this question. The answer is - so that you are stuck with him for few more years.

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  • That suit will not stand a chance, not becasue it doesn't have legal merit but because it goes to the core of capitalistic system. Coporations can choose to hire and fire anyone as long as they don't fundamentally descriminate in writing. All of us know, that employers and hiring manangers have their preferences that might actually border legal descrimination so this is not an immigration issue as I see it. This is a broader issue linked to the power vested to the corporations in a capitalistic society, I have seen ethnic bias, age bias and all other kind of non-sense in hiring. Anyone claming that this doesn't happen or this is an immigration issue is simply in denial. It is just the way of life. As BharatPremi has pointed out, law says descrimination in the documents after hiring is illegal but it doesn't say that employer cannot choose to hire anyone as suited. Equal opportunity hiring practices are just guidelines which says job requirements MUST be uniformly and consistently applied to all race and color. It doesn't say you cannot choose to have an all white or all black work force. Unfortunately there is no law that clearly prohibits descrimination based on visa status (at least I am not aware of one). In fact the legal pressure is just for the opposite, that puts additional burden on the companies to make effort in hiring local workers first. The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.

    Using the same logic, they can avoid interviewing an African American.

    I think we all should get together and file a class action law suit against those companies.

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  • [QUOTE=eyeswe;960064]I asked this question several times on all the threads that are discussing the new USCIS data, but no one seems to be answering this, but I think it is important to make sure this wrinkle is sorted out...

    When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.



    Agreed. These numbers do not seem to be real load. At the time of July Fiasco as per USCIS's own notification total more than 250000 EB based 485 were filed and more than 350000 family based 485 were filed.I am quoting this based on memory so it may be possible that this quot is not 11% accurate may have some variation at that time but it is not completely wrong.

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  • I am already using Vonage and spend an extra $30 per month on phone card. I am salivating at the prospect of saving the $30 per month :D

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  • Finally after 10 yrs and two labor and lots of H1 drama got greened last night.

    PD: March 16th.

    Openend a SR , sent a letter to Senator dunno which one worked. But glad it did.

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  • OK,

    July 2nd filer and hear nothing.

    Faxed congressman�s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.

    She called me just now (Wednesday morning): my application is lost � meaning USCIS can�t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can�t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.

    On Monday, my attorney has sent an inquiry to the local Senator�s office on the 4 pending cases he has filed. Not heard anything back yet.

    Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.

    Will post back if there is development.

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  • Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:

    Yes it is serious.....and given how many people are raring to go.....it islikely...

    As I have said before......we r just too many!!!!

    Any member from IIT Bombay, please contact me ASAP.

    We have a very important lead to work with.


    I have left messages for both my cousins. Apparently they are both on vacation, but I hope to hook up with them within the next few days. I am sure both will have excellent connections in IIT (B) circles.

    What do you mean you are a consultant? You must have an employer with immovable address from where you get your paycheck. In that case their location is not changing as you move and that will be used for the GC.

    Good luck!

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