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  • Are you sure this is the reason why they have per country limits :confused:
    Or you dont want that way :D
    It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.





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  • Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...

    My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
    So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.

    During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".

    so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".

    There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)





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  • In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.

    In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?

    I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.





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  • My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

    I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

    - Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
    Thanks in Advance!





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  • 06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
    Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).

    Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.

    I know, though all you folks want to do something, you are stuck with obligations.

    BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.

    If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)





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  • No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.

    The article is fixed and i am sure you are aware of it. so, lets not send the reporter any more email.

    GO IV GO
    TOGETHER WE CAN





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  • Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.





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  • Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.

    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
    Few ways to alleviate this situation is -
    1. Increase the overall quota beyond 140,000
    2. Increase the quota of oversubscribed countries slightly based on demand
    3. Recapture unused numbers from previous years

    What WILL NOT happen? - Removal of per country quota for EB Visas!!





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  • Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.





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  • I had trouble sifting through all that data and figuring out what that was all about.
    Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.

    Thanks....
    Can you re-estimate the new dates. Using this data

    ******* EB Pref*******EB3
    FY**|*Total*|INDIA | *Total* |India
    2000|107,024| 15888| 049,736| 05567
    2001|179,195| 41720| 086,058| 16405
    2002|174,968| 41919| 088,555| 17428
    2003|082,137| 20818| 046,613| 10680
    2004|155,330| 39496| 085,969| 19962
    2005|246,877| 47160| 129,070| 23399
    2006|?????????TBP in the near future ???????


    THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
    They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    andy





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  • Just on a positive note of contribution thread and efforts, I just wanted to raise a voice whether we have put enough effort in reaching and notifying members about contribution and retrogression awareness. Not from any side, I see IV's efforts are less but question still arise is "Have we put enough effort in reaching to members about contribution?" Pardon me if I am being too pushy on our contribution initiative. But as I understand to sell an idea, we need to be real pushy. Please post any idea which require volunteer work to reach the members and ask them contribute. I am open to work on it.





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  • http://chat.lawinfo.com/showthread.php/waiting_your_green-16034/index.html?p=28810#post28810





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  • It's absolutely true that few official documents they do not take color photocopy in many "office" shops (e.g vehicle title etc). May be the guy considered this too to be in that category. I have faced it myself on many occasions with different people.

    Just b'cos something did not happen to us we can't abruptly come to conclusions :rolleyes:





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  • In addition to sending the letter, we may try this avenue as well (look at the page bottom)

    How to Contact Us (http://travel.state.gov/about/info/info_308.html)

    "For immigrant visa inquiries, call the National Visa Center at 603-334-0700 or
    email: NVCINQUIRY@state.gov"

    Any idea if these is the correct number to call ?

    Maybe inundating them with calls might help us reach Mr. Charles Oppenheim office and get some explaination about the visa allocation process.

    I tried calling, but today is a Federal Holiday. Will try again tomorrow.





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  • Thanks abracadabra for agreeing to the point. It is really funny isn't it, when you notice people fighting over God's? Just the thought of fighting to support your God shows that you really dont belive in his/her strength or you dont really know what God is!! If thats the case, how would that power qualify to be GOD?? Whether it is in Inda/pakisthan/middle east/africa, wherever people fight to save their God/gods are just fighting to avoid confronting their own insecurity:-) What is the difference between me getting insulted on seeing Ganeshas picture on a beer bottle or Jesus's picture on the toilet seat and a circle with two dots as eyes on a person's BUTT, which he claims to represent ME (thomas)? Ofcourse I know that the circle with 2 dotts on his BUTT doesn't represent me so is the same about Ganesha / Jesus. Who has seen these folks?? The big truth is NOBODY!! EVER!! Imagine how would I look if I stood around crying like a baby, when the guy walks around with his BUTT exposed showing the circle with two dotts claiming that it acurately represents me?? Ganesha, Jesus, Allah and Krishna are all laughing. Laughing not at the person who shows off as insulting them, but actually (ironically) at us who stand around crying about that. Belive me this is true!! we had a conference call last night and all three of them were laughing :D:D:D

    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.





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  • Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
    Please check the first page on the thread.you will see the content to post.

    thks





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  • Do you belive this guy?. His name is Ron Gotcher. All he will say is GOTCHA!!!!:D

    But seriously, Any chance of Eb3 advancing this year?.

    Dude. I am *so* not Ron Gotcher. :)

    He was rushing and didn't give me any specifics for EB-3 India.





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  • 2 years ago, I had to go to EWR (newark airport) to give my room mate his passport, he was stopped. eversince then, i always carry my passport even for domestic travel





    If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.

    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.





    Date: Thursday, February 01, 2007
    Start Time: 10:30 PM Eastern Std Time
    End Time: 11:25 PM Eastern Std Time
    Participants: 6
    Type of Conference Web-Scheduled Standard
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 66239

    Thanks
    Varsha



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