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  • So, what did your lawyer say? Would sure love to know, once you hear back.

    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.





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  • Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.

    It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
    http://www..com/usa-immigration-trackers/dallas-backlog-tracker/

    One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.

    India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.

    If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).





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  • Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    I suppose the new way of allocation has similar effect to eliminating country limits within a category i.e. EB1 or EB2 or EB3 but not across the board





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  • If these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

    -- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
    -- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
    -- Lesser work for lawyers and tax consultants -- Cons
    -- Lesser or meagre tax income from those trickle of H1B who will remain still
    -- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
    -- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

    As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

    Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.





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  • To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • Here's my situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485?
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?

    Thanks in advance.





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  • If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..

    Hello Gurus!!

    We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?

    Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?

    OR

    Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?

    Any other thoughts from any one?





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  • I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .

    Atleast we should try , discussing and cribbing on the forum wont help.

    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.





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  • You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D

    Why do they need Hindi in Tamil Nadu...Do you talk Tamil. Then why do you ask them to talk in Hindi.





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  • Dear Friends,

    As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.

    Hope this helps.

    Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
    Thank you for your help.





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  • I am not part of this mess but here is my 2 cents contribution. NBC reporter

    NBC News Channel 4
    Monica Morales

    Her email is

    monica.morales@nbc.com





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  • The 'born again' politician – 3 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-3.html)

    by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.

    Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.

    So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.





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  • Let us not fight and belittle ourselves in the community. Just think how people joke about Jayalalitha and Karunanidhi (no pun intended). The same could happen to us also. Atleast keep quiet if not discussing the Immigration issues. Politicians come and go, but people stay forever. Fighting about a local politician in international website like IV will tarnish our image.





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  • @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?





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  • this summary of the crisis is wrong... in fact *this* is unfair to ply people with
    incorrect versions of news... nearing to lies... if intentional... the lack of liquidity stems from the fact that subprime borrowers are finding it hard to keep payments going after their payments reset on ARMs. CDOs that were based on mortgages were rated highly by rating agencies based on precedent of earlier years started losing buyers because payments were not coming through (ie default) and that led to lack of buyers and then there was a general exit from the CDO market... investment banks (like lehman) are allowed by fed regulators to classify certain assets as investments and hence not re-evaluate value them (or mark them to market) every once in a while... however, in light of actual default on some assets and ensuing lack of market interest, they started writing down asset values... thats when they collapsed... there was no way people would have come back in 30 years to buy an asset for which the underlying payments had already stopped...

    hope this sets the facts straight or at least gives a different point of view for people to chew on.


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!





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  • I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.

    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    CHANDUV23
    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.





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  • No you will have to get your visa stamped with the new approval from Company B before reentering the US.

    Thanks you for your reply.

    Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).

    Thanks,
    Neil





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  • 7 pages of this and I don't think there is any clear information on how many applied betweek Jan and April-1 of 2005. I saw a post somewhere where someone said Cisco alone had about 1000 applications. Now if you add dependents to it that is almost a years quota of EB2,just from Cisco!!! I think easily there are around 5000 EB2 applicants in just that time frame. My 2 cents.


    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.





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  • I just wondering seeing these estimated numbers, with out having a proper information, for the given years.

    Vdlrao,

    You are admired a lot for bringing in hope for lot of people with your EB2 prediction thread, can you jump in and throw some numbers here please if you think the numbers quoted are out of way, i understand this is time consuming but since you already did your homework last time around it should take you few minutes to come up with some realistic numbers.





    I think it is between 3000 and 3500, with depended this comes to 7500.

    In 2008, 10% of these already got approved.
    Some 10% may have abandon application or used other priority days (porting).
    Some 5% may have used cross-chargeable

    So we are looking at a number close to 5000-6000 for Jan-March 2005.

    So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number





    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...



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