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  • Great going folks :D
    Here is one (paraphrased from another):

    Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...

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  • Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.

    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.

    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.

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  • Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.

    The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.

    Please post fact based opinions at non-IV forums.

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  • I am trying to upload a pdf file but keep getting error message.

    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?


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  • Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.

    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:

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  • hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

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  • One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).


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  • Are Young College Grads Too Lazy to Work? (http://economix.blogs.nytimes.com/2011/05/19/are-young-college-grads-too-lazy-to-work/) By CATHERINE RAMPELL | New York Times

    I�ve received a lot of passionate (and angry) e-mails in response to my article (http://www.nytimes.com/2011/05/19/business/economy/19grads.html) today on the employment fate of recent college graduates. While the messages from young people almost uniformly expressed frustration at the job market they�d been thrust into, some of the e-mails from older readers argued that today�s college graduates were having trouble finding jobs because they hadn�t worked hard enough. For example, a reader named Norman Berger asks why graduates wonder why they prove worthless to a potential employer when they follow this approach:

    Take �soft� subjects, be lulled into complacency by grade inflation, have teachers who are tenured and don�t care how rigorously you think, start partying on Wednesdays, take 3-4 courses per semester/quarter and spend 5-6 years to graduate, study six hours per week (at best), believe in all of the liberal causes which produce soft qualative rather than quantative thinking, learn to hate the capitalistic system, don�t care when you get out of school that you�ll still be living at home, etc �

    As we�ve written before, today�s college students do indeed spend less time studying (http://papers.nber.org/papers/w15954), and get higher grades, than their counterparts from a generation ago did. And most young graduates are leaning heavily on their family for financial support. More than one in five are living with their parents or other relatives, and many are getting help from family members for other expenses, as shown in the chart below.

    But today�s college students also have spent a lot of time working, well before graduation.

    Sixty percent of the graduates of the college classes of 2006 through 2010 said they held a part-time job while enrolled in school, not including jobs held during the summer or between semesters. Another 23 percent said they were working full time or both full and part time during school, according to a new study released by Rutgers.

    For 44 percent of students, work or personal savings helped finance their schooling.

    �Based on the finding that young people overwhelmingly were working in college, I don�t think this is a generation of slackers,� said Carl Van Horn, a labor economist at Rutgers and co-author of the study. �This image of the kid who goes off and skis in Colorado, I don�t think that�s the correct image. Today�s young people are very focused on trying to work hard and to get ahead.�

    Tuition Skyrockets -- While Learning Plummets (http://www.realclearpolitics.com/articles/2011/05/20/tuition_skyrockets_--_while_learning_plummets_109937.html) By Rich Lowry | New York Post
    Where are the jobs? (http://www.washingtonpost.com/wp-srv/special/business/unemployment-where-are-the-jobs/) Washington Post
    The Rise of the Five-Year Four-Year Degree (http://economix.blogs.nytimes.com/2011/05/20/the-rise-of-the-five-year-four-year-degree/) By Judith Scott-Clayton | Economix
    Are Talent Acquisitions a Sign of a New Bubble? (http://bits.blogs.nytimes.com/2011/05/18/are-talent-acquisitions-a-sign-of-a-new-bubble/) By MIGUEL HELFT | New York Times

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  • Glass Half Full on Obama's New National Security Team (http://www.worldpoliticsreview.com/articles/8696/the-new-rules-glass-half-full-on-obamas-new-national-security-team) By THOMAS P.M. BARNETT | World Politics Review

    President Barack Obama reshuffled his national security team last week, and the reviews were overwhelmingly positive. The White House proclaimed that this was the "strongest possible team," leaving unanswered the question, "Toward what end?" Obama's choices represent the continued reduction of the role of security as an administration priority. That fits into his determined strategy to reduce America's overseas military commitments amid the country's ongoing fiscal distress. Obama foresees a smaller, increasingly background role for U.S. security in the world, and these selections feed that pattern.

    First, there is Leon Panetta's move from director of the Central Intelligence Agency to secretary of defense. When you're looking for $400 billion in future military cuts, Panetta's credentials apply nicely: former White House chief of staff and director of the Office of Management and Budget under President Bill Clinton, and 9-term congressman from defense-heavy California. But, truth be told, Panetta wasn't the president's first choice -- or his second, third, fourth or fifth.

    According to my Pentagon sources, the job was initially offered to Hillary Clinton, who would have been a compelling candidate for the real task at hand: working to get more help from our European allies for today's potpourri of security hotspots, while reaching out to the logical partners of tomorrow -- like rising China, India, Turkey, South Africa and Brazil, among others. She would have brought an international star power and bevy of personal connections to those delicate efforts that Panetta will never muster. But Clinton has had enough of nonstop globe-hopping and will be gone at the end of Obama's first term.

    Colin Powell, next offered the job, would have been another high-wattage selection, commanding respect in capitals around the world. But Powell demanded that his perennial wingman, Richard Armitage, be named deputy secretary, and that was apparently a no-go from the White House, most likely for fear that the general was set on creating his own little empire in the Pentagon. Again, too bad: Powell would have brought a deep concern for the future of U.S. national security that Panetta -- with the "green eye shades" mentality of a budget-crunching guy -- lacks.

    Three others were then offered the job: Rhode Island Sen. Jack Reed; former deputy secretary of defense and current Center for Strategic and International Studies boss John Hamre; and former Navy Secretary Richard Danzig, who was long rumored to be Obama's preferred brainiac to ultimately replace Gates. But Reed feared exchanging his Senate seat for a short stint in the Pentagon if Obama loses; Hamre had made too many commitments to CSIS as part of a recent fund-raising drive; and Danzig couldn't manage the timing on the current appointment for personal reasons.

    All of this is to suggest the following: Panetta has been picked to do the dirty work of budget cuts through the remainder of the first term and nothing more. If Obama wins a second term, we may still see a technocrat of Danzig's caliber, such as current Undersecretary of Defense for Policy Michelle Flournoy, or a major-league star of the Clinton/Powell variety. But for now, the SECDEF's job is not to build diplomatic bridges, but to quietly dismantle acquisition programs. And yes, the world will pick up on that "declinist" vibe.

    Moving Gen. David Petraeus from commander of coalition forces in Afghanistan to director of the CIA has puzzled many observers, and more than a few have worried that this represents a renewed militarization of the agency. But here the truth is more prosaic: Obama simply doesn't want Petraeus as chairman of the Joint Chiefs of Staff, something conservatives have been pulling for. By shifting him to CIA, the White House neatly dead-ends his illustrious career.

    As Joint Chiefs chairman, Petraeus could have become an obstacle to Obama's plans to get us out of Afghanistan on schedule, wielding an effective political veto. He also would have presented more of a general political threat in the 2012 election, with the most plausible scenario being the vice-presidential slot for a GOP nominee looking to burnish his national security credentials. As far as candidate Obama is concerned, the Petraeus factor is much more easily managed now.

    Once the SECDEF selection process dropped down to Panetta, the White House saw a chance to kill two birds with one stone. Plus, Petraeus, with the Iraq and Afghanistan surges under his belt, is an unassailable choice for an administration that has deftly "symmetricized" Bush-Cheney's "war on terror," by fielding our special operations forces and CIA drones versus al-Qaida and its associated networks. If major military interventions are out and covert operations are in, then moving "King David" from ISAF to CIA ties off that pivot quite nicely.

    The other two major moves announced by the White House fit this general pattern of backburner-ing Afghanistan and prioritizing budget cuts. Ambassador Ryan Crocker, who partnered with Petraeus in Iraq during the surge, now takes over the same post in Afghanistan. Crocker is supremely experienced at negotiating withdrawals from delicate situations. Moving CENTCOM Deputy Commander Gen. John Allen over to replace Petraeus in Afghanistan is another comfort call: Allen likewise served with Petraeus in Iraq during the surge, when he was the key architect of the Sunni "awakening." Low-key and politically astute, Allen will be another quiet operator.

    Obama has shown by his handling to date of the NATO-led Libyan intervention that he is not to be deterred from his larger goal of dramatically reducing America's global security profile, putting it more realistically in line with the country's troubled finances. What the president has lacked so far in executing that delicate maneuver is some vision of how America plans to segue the international system from depending on America to play global policeman to policing itself.

    Our latest -- and possibly last -- "hurrah" with NATO notwithstanding, Obama has made no headway on reaching out to the world's rising powers, preferring to dream whimsically of a "world without nuclear weapons." In the most prominent case, he seems completely satisfied with letting our strategic relationship with China deteriorate dramatically while America funnels arms to all of Beijing's neighbors. And on future nuclear power Iran? Same solution.

    It's one thing to right-size America's global security profile, but quite another to prepare the global security environment for that change. Obama's recent national security selections tell us he remains firmly committed to the former and completely uninterested in the latter. That sort of "apr�s moi, le deluge" mindset may get him re-elected, but eventually either he or America will be forced into far harder international adjustments.

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  • UN,

    A quick question for you. So far, I havent found anything wrong with my I-485 application.

    My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.

    Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.


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  • How Republicans prevailed on the Hill (http://www.weeklystandard.com/Content/Public/Articles/000/000/014/531oekhp.asp) By Whitney Blake | The Weekly Standard, 12/27/2007

    THE HOUSE AND SENATE squeezed through last-minute bills in a marathon session last week akin to the final exams period some members' college-aged children just muddled through. A bleary-eyed, sleep deprived House and Senate finally emerged with the passage of some key pieces of legislation on energy, the Iraq war, the alternative minimum tax, children's health insurance, and a massive omnibus spending bill. In the end, Republicans proved to be the more astute bunch, pushing through Bush's lame duck agenda despite their minority status.

    With Democrats emerging victorious just a year ago in the 2006 midterm elections claiming a mandate to drive the country in a new direction, one would have hardly predicted headlines like "Bush, GOP prevail in host of Hill issues" in the Associated Press, "Dems cave on spending" in the Hill, and the Politico's "Liberals lose bigtime in budget battle."

    Leading mainstream publications agreed that Democrats had surrendered to Republican demands, and the left's base was utterly furious at the outcomes. In reaction to the $70 billion Iraq and Afghanistan troop funding vote, comments such as, "You are kidding yourself if you think the Democratic party stands for anything--clearly they do not--This is an outrage," were posted on Daily Kos. Huffington Post entries included, "Democrats lose evey [sic] time becuase [sic] they are a pack of spineless cowards".

    Even Republicans were surprised with the outcome. Senate Minority Leader Mitch McConnell remarked, "If we had been having this press conference last January and I had suggested that a Republican minority in Congress would be able to meet the president's top line, you all would have laughed at me."

    "We couldn't have scripted this to work out better for Republicans they conceded almost every issue," said Rep. Paul Ryan, (R-WI).

    Not only did Democrats eventually meet Bush's required $933 billion appropriations spending level, they also capitulated on unconditional funding for the troops, an energy plan without corporate taxes, a one-year patch to the alternative minimum tax without additional taxes (a $50 billion violation of Democrats' pay-as-you-go principles), and a straight extension of SCHIP without a large expansion.

    At first, the record is baffling, but the explanation for Republican success is simple. Not only was superior "strategery" involved on the part of the minority, to borrow a word from Bush's lexicon, but equally important was Democrats' miscalculations.

    Republicans decided early on to stick together on issues such as taxes and Iraq, said one senior Republican aide. Democrats were much more fractured. One Washington Post headline declared, "Democrats Blaming Each Other for Failures." The article cited House Democrats accusing their Senate counterparts of selling out and folding. In December 2006, Reid said in an interview, "legislation is the art of compromise and consensus building and I'm going to compromise." House Democrats didn't embrace this theme.

    They either failed to realize or didn't want to realize that anything they proposed still had to meet approval in the Senate, where compromise and coalition building are unavoidable, with 60 votes required to move any legislation through. "It took some people 11 months to figure this out," said one senior Republican aide.

    From the beginning, House Speaker Nancy Pelosi set up a structure that didn't emphasize debate and hearings, said Republican California Rep. Kevin McCarthy. The controversial spots were never worked out in the far-left appeasing bills that passed through the House.

    Even after the Senate voted a resounding 88 to 5 in favor of an AMT patch without offsets in the beginning of December, the House passed another version, attached more taxes to make up for the lost revenue, and sent it back to the Senate. The Senate had to vote three times just to show the House Democrats that it did not have the required 60 votes to pass a patch with offsets.

    Democrats were not only divided, they also misjudged the public's perception. The "general aversion to tax hikes" worked to the Republicans' advantage, and the overall success of the war in Iraq also played a key factor, said the senior Republican aide.

    Sen. Majority Leader Harry Reid commented right before the recess, "I share the frustration of the American people who want to see real change." But Republicans argue Reid's idea of change is not in line with that of most Americans.

    They "got the wrong message from the election," which wasn't one of a "repudiation of conservative values," said Ryan. It was a call for "clean and transparent government."

    They "overreached" after the honeymoon period and "frittered away" high expectations "by taking a sharp turn to the left," he added.

    A CNN/USA Today poll taken back in May and June revealed that 57% of Americans favored making permanent the Bush tax cuts, while 37 percent wanted to repeal the temporary cuts. On the broader fiscal topics of taxes, government spending, and regulations for businesses, 41 percent of Americans consider themselves "conservative," 43 percent "moderate," and just 12 percent "liberal," according to a Rasmussen Reports study released about a month ago.

    Some Republicans admit Democrats could have gotten more of what they wanted had they played their cards right. Democrats had a "missed opportunity," said McCarthy, who has experience in a closely divided legislature as a former Republican floor leader in the California State Assembly.

    The majority could have still put forth very partisan bills at the outset, but "come back to where common ground was," said McCarthy. Democrats would have "enjoyed much more success" in the center, said Ryan.

    Some Republicans were reportedly amenable to partial offsets to the AMT. Perhaps if Democrats had not held onto appropriations spending $23 billion above Bush's request for so long, there would have been more time left to avoid axing the entire difference. Or if taxes were not as high as $22 billion for energy companies in the Democrats' version of the energy bill, some taxes may have been part of the compromise.

    But Democrats "were more interested in making a point than making law," said Don Stewart, communications director for Sen. Minority Leader Mitch McConnell. It didn't get them very far: They essentially handed Republicans their agenda on a platter at the eleventh hour to prevent a government shutdown.

    In the end, Democrats were "driven by the clock and not by the product of what's created," McCarthy added. Serious negotiations could have occurred much earlier in the year, instead of holding out stubbornly until the end of the session when all eyes were on several major unresolved bills. Sensible bipartisan compromises in piecemeal over the year look much more authoritative, organized, and productive than the harried disarray that unfolded in the past month.

    Incidentally, according to McConnell, the only truly bipartisan piece of legislation where genuine compromise was part of the equation was ethics reform, signed into law in September. But even Democrats, who heralded the landmark reforms, took advantages of the loopholes in the bill to insert about 300 air dropped earmarks which had not been taken up by either the House or Senate on the floor or as part of a vote.

    Now, with the Democrats' base up in arms, the Democrats' infighting publicly aired, and the minority declaring victory, backed up by the mainstream media no less, the bills don't even appear bipartisan. Democrats came out with the short end of the stick, even though the odds were clearly in their favor after the midterm elections.

    While Hillary is busy wrapping up universal health care, and "bring troops home" presents for potential voters, Democrats won't be able to deliver these or any other promised initiatives this Christmas season.

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  • looks like your case have been picked up for random check.......Do you have US masters degree?

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  • I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.

    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......





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  • I told you guys.. This site name should. Now

    This guy seems seems to be an agent of some other site that wants us all to track fake data of others GCs, instead of working to eliminate the problem. Is thats why he is always putting labels on this forum?


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  • Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?

    Common sense is to rent until you are sure you're staying for good.

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  • guys i give up..
    i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
    i'm out of here.

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  • united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!

    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.


    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.

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  • I agree with you ..Antulay is complete filth.

    But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..


    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

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  • unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..


    we miss you and your experience

    In the bill summary, I do not see where it says that H1B extensions will not be
    possible for those who have I-140 approved.

    I-140 approval itself means that USCIS and DOL has agreed that this person
    is needed for this position and AOS can be filed(If offcourse Visa numbers are

    (I am sorry I have not read the full text of the bill.)

    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.

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