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  • According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    In the same bulletin they use this defunition for Documentarily Qualified

    Documentarily Qualified
    The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements

    I think that the ombudsman is going one step further by saying approved it should be applied or properly filed

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  • Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.

    2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.

    Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?

    I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)

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  • We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?

    I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.

    I can assure you that I have done my part without telling anyone. I am a silent doer.

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  • Application for 1 person:

    1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
    2. AP+EAD = $350(170+180).....paid by me
    3. I-485 = $395..........paid by company
    6. Fedex = $60...........paid by me
    7. Medical = $170(no shots needed except TB test)....paid by me

    So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)

    And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........

    So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.

    Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.

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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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  • This is from Immigration Law firm. Is it true?

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.

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  • There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.

    Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.

    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.


    I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.

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  • You know what I used to think like this too.

    President of India is put up in hotel and Saino&family in palace during Bhutan king coronation and they said Saino is personal guest of the royal family so may be that's ok.

    Media on one hand calls this person homemaker (Priyanka Gandhi)and on the other hand reports that she is in Bangladesh having talks/dinner with Bangladesh PM with Bangladesh State providing security to her which looks like a official visit.Media doesn't mention in what nature is this offcial apart from NREG stuff which looks very fishy.

    Just after UPA came to power Sonia goes to Russia in Reliance plane to meet with Putin.
    I tried to find out why Sonia is in Russia but almost all the papers were excited about the reliance plane(could it be Anil's or Mukhesh's) but didn't say anything about Russia visit.I moved on and still don't what was it about though hoping it was something good for country and not revival of KGB connection(When U.S.S.R collapsed it was made public from KGB archive that Rajiv/Sonia were constant recipients of KGB money.?,it's anybody's guess ).

    Then Sona/Rahul went to china and media was saying Sonia is trying to tell China that their family is back in power making it seem like monarchy within democracy.

    When our company pays for cleaning agency to do the household cleaning for it's employees ,the help that comes to our house will take orders from us rite? Seems the same with some of these media guys.

    What's interesting is people who call themselves cream of the top,(who say) can think clearly are willing to trust the future of their sons and well being of their daughters in the hands of this family.

    Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???

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  • To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.

    Hello Samay,

    First of all thank you so much for answering my questions.

    In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.

    My labor(PERM) has been approved & I-140 is in process at TSC.

    My question is
    This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

    I am getting paid as mentioned in LCA i.e. $55K.

    I will greatly appreciate response.


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  • Imaginne this, we get a fast trak citizenship process to Bill Clinton. Anyway, we Indians luv him so much, more than his wife or daughter would to him.

    And he will definitely win, make him the PM. With Obama in US and Bill Clinton from India, we can defintely lobby for our GCs and then India-US, will be new bhai-bhai....

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  • I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?

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  • I provided a statement of funds with the original application. They asked for an updated statement when they sent a request for medicals and updated FBI fingerprints. So, you'll most probably have to provide a letter from your bank twice.

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  • I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....

    Can someone confirm that.... ?

    Yes, TN is only for canadian citizens.

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  • 3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?

    I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.

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  • (Though I would also like to see this forum used only for immigration matters..)
    Thought of adding in few more points..

    So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:

    One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
    One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
    One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
    One who overlooks the murder of Swami Laxmanananda Saraswati.
    one who set's up conversion camps in Tirumala.
    All of them state sponsored.

    (On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
    It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
    Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)

    Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.

    All other candidates in the above poll will surely give some what better performance than this if made PM.

    For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
    Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.

    I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.

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  • Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    Total 30000

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.

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  • There is nothing we can do.
    So relax.

    If your AOS is meant to be filed in July, then it will be filed in July.
    If not, then it won't. And things will be similar to the way things have been for such a long time.

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  • You can always edit your letter with comments that suit your case. The objective is to send a letter to support the idea. They they work out the details if and when they discuss it.

    OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?

    Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?

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  • Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!

    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.

    My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
    1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
    2. The incessant dumping of low cost of L1s by the outsourcing companies.

    If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.

    Makes sense now. Peace.

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