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  • it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(

    Yes, I agree with you. However, the point is there is nothing you can do at this point of time. So please enjoy your life instead of worrying about 485.





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  • My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.





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  • Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

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





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  • We need to have multipronged strategy:

    1. Visa recapture.
    2. Removing spouses from EB count or excluding spouses from recaptured visas atleast
    3. No country caps for recaptured visas
    4. Raising the country cap to say 12-15% per country.
    5. Allowing 485 when PD is not current.
    6. Skill based points system etc.

    We should be for reform which is transparent and fair to all sides. Putting all eggs in one basket may not help. By having multi pronged agenda , we will get atleast something.





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  • "Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs

    Guys why are we fighting over something that is not helping us, no Indian politician has helped us in our journey to GC, nor have they taken interest in our welfare. We are on our own in this mess, so let us unite as one, no north south east or west we are one HINDUSTANI.





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  • How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?

    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....





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  • Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc

    You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.





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  • I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.





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  • I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.





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  • Does it mean that people who are working with consulting companies are going home soon?

    Ok, then first consulting guys will go then they may take some other crap to send everybody home?

    What is going to happen now?

    I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.





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  • Police treats an American celibrity like a commoner. Let us see, if the whole of the US is complaning against this.
    You're Bob Dylan? NJ police want to see some ID - Yahoo! News (http://news.yahoo.com/s/ap/20090815/ap_on_en_mu/us_people_bob_dylan)





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  • I was approached by a Quixtar "Business Owner" in Ikea. I had fallen in their trap once before and had to listen to the whole business plan and how I was wasting my life working for someone else etc. etc.

    He used his signature opening line: Are you Indian?
    I replied: NO

    Poor fellow didn't know what to say next.





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  • Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).

    Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.

    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?





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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 willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it.

    I appreciate IV for its efforts. Happy V'Day.
    I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.





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  • I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    right point to note.





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  • No offense buddy. I am sure these are all valid points. We've all had similar experiences.

    But I always find it ironical...you read blogs on cnn-ibn by Indians, who say 'I'll leave this country if Sonia Gandhi becomes PM/ if Mayawati becomes PM/fill in the blanks". Then you read posts here about people ready to go back to India, or go to Canada. The funniest ones are who say "I love my India" and then start a thread about how to emigrate to Canada/UK/Australia/NZ. So basically it is "anywhere but India" ?

    It's always a tough decision to emigrate to another country. I wonder if people also take into consideration the politics in US, the war, the biased media in this country when making this decision - or is it just about $$$$ ?

    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!





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  • People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.

    Shameless creatures!

    Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.

    It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.

    One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.

    One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.

    Next time you step out of your house, remember what your mommy told you 20 years ago:

    DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.





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  • I'm more concerned about this:

    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).


    Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?

    :confused:





    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
    You have been called Myfriend by me in all the posts in all the messages (I know i slipped in between but if you refer the messages i also did apolozise for calling some one a Bigot and Idiot). Now what i cannot understand is that you have never had the courage to so the same and are keeping up the same tone. No matter it si ok becasue to agrre you were wrong and apolozie needs more courage then anyone would know

    What enemy are you referring to. I never called anyone on IV my enemy (and i can prove it by checking my previous post). The only place i used the word enemy was when i said that if you guys consider me your enemy you need to check all my posts to see how i have been in this forum from 2006 helping people when i can and Getting help when i needed it.

    So you saw WHAT coming. What you actaully see coming is a bright light down a dark tunnel and when it gets closer there is a boom. That is when you wake up and smell the roses (So that there is no more misunderstanding and since it pains me to see your angry post again i will explain that what i mean is that you will realize that i am not your enemy). Of course there is no chance of you agreeing with me and that is ok. As long as you realize that i am not your enemy we are good. Atleast that would stop the abuse.

    Oh i think i missed that part of sense and not rhetoric. Well it is like this my friend if you are speaking sense and not rhetoric it is good for you. What should be clear is when you speak sense (which by the way is always the way to go) i can choose to not agree with you and that should not blow you mind off and get you angry. Something similar to what i say when you abuse me and say that i am wrong and go all ballastic on me. Try it it will work out better for everyone

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Since you are a junior member i will let this mistake slide through (But do not feel bad there are some senior members out here with the same statement which i must say is very surprising).
    Unlike others i am not here to convert people to my point of view and win some one over to my side.

    This is a forum and there are no sides (Actually there are so many to sides to count lets go with no sides). In a forum there is consensus and any decision is made on consensus. For forum members to come to a consensus they need to know what they are agreeing upon and to need to know people need to discuss. Not every idea wil work out and not every disucssion wil lead to a consensus, but as i told before that is the beauty of it.

    Hope i was able to answer you satisfactorily and of course if you were not looking for an answer becasue you were just being angry i hope you sleep on it tonight and come back tommorow because my my friend all the junior members of today are the key persons of IV tommorow (Everyone else Please do not take that literally i mean in the future and NO i am not inciting anyone)
    So tommorow if i call you my friend again if i see an reply from you which not abusive (It is ok to NOT agree with me. That is your god given right) i for one wil be very happy

    Please remember that does not mean i converted you (Well actually that would indeed be a conversion from a abusive person on the forum to a person who listens to all sides with calm) but that is another battle





    Check your messages Suresh. Thanks.



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