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  • There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
    http://immigrationvoice.org/forum/showthread.php?t=20669
    The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used.


    Any lawyer will tell you that you have a case because he wants to make more money. Its like going to Walmart and Walmart telling you that the product does provide value for your family. You take any case to any lawyer, 99.9% lawyers will tell you that you have a case. You go with an idea that you should be the President of the country, they will tell you "Ya I can clearly see why you feel like that and I totally agree, so you may have a case there". My suggestion is, please do not waste your money if some lawyer is saying you that "you have a case". They know that is what you - the potential client, wants to hear.


    Our primary point is that the spirit of law has not been upheld.


    I bet this is what your lawyer told you. Do you realize how vague this term "spirit of the law" is. But, as long as you are ok to put you money in fire, who cares. Go right ahead, knock yourself, I am right behind you and best of luck, you sure need a lot of it. :p





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  • India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)

    India/China Quota numbers � Update
    April 1st, 2011 by William Stock
    While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.

    A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.

    It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.

    We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.



    Counting the dates..... Thank you all in IV team; great work

    I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.





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  • My understanding is that this is incorrect:
    In the old system any unused visa from EB3 Row would got EB1 India/China first and then EB2 -I/C and then Eb3 -I/C.

    What you described ("last few rows") is what they are following now, Einstein!!!

    [Except this piece EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)]

    but then the devil is in the details ain't it? The "Except this piece" is what is overwhelmingly providing EB2 the numbers, and that is what will jump start EB3 movement forward.


    I think people don't realize that Eb3-ROW is less compared to EB2-I/C and will therefore provide EB3-I numbers sooner than if we wait for EB2-I to get current.

    And sorry, I don't support nepotism, everyone should be eligible on their own.





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  • who is Paula John? sorry





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  • Everyone seems to indicate that the checks for fees payment to the INS need to be made out to USCIS, however, all the forms that I've downloaded from their website instruct that the payments be made out to Department of Homeland Security - which one is correct?
    I have already filed my AOS for self and spouse, and made checks payable to Department of Homeland Security, written out in full. They were cashed more than a month ago which suggests I got it right.





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  • Posted on Khabrein.info and NewsPost India

    'Gandhigiri' by Indian green card seekers in US by Arun Kumar

    Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.

    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.

    http://www.khabrein.info/index.php?option=com_content&task=view&id=2103&Itemid=88

    http://newspostindia.com/report-6897





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  • Hey mind your business. You don't know a thing about India and I am sure you wouldn't have even visited once in your lifetime. If you have problem with individuals, companies, sue them find legal ways to stop their wrong doing. It is good for everyone. Dishonesty is not a patent of any country. You show me 10 corrupt people from India, I will show you 100 from UK, 100 from USA and 100 from Japan.. Don't blabber about things you don't know in a public forum. I am taking offense of what you wrote.. You owe an apology to India and people from that country in this forum..

    If you are offended, I don't give a DAMN!! I know about India very well and has been to India many a times. I know very well about the indian corruption which has no comparison with any country in the developed world. All you have to look at is the suveys from various NGOs that track corruption at various countries in the world and you can see where India ranks relative to US or UK





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  • Ease in immigration standards called for
    The United Press International, February 8, 2006
    http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r

    Washington (UPI) -- A leader of a semiconductor company wants the United States to ease immigrations standards to make it easier to hire and retain foreign nationals.

    Intel Chairman Craig Barrett, appearing on a question-and-answer forum on FT.com, said a market-based approach to granting work visas should replace the current system, which sets numerical limits on such documents.

    Several leaders of technology companies have made similar requests of U.S. officials, the Financial Times said Wednesday. The visa classification that allows foreign engineers and scientists to temporarily relocate to the United States has a limit of 65,000. Some 140,000 green cards, allowing permanent stays, are granted each year.

    Barrett said the figures are too low, pointing out the work visa total has already been reached this fiscal year.

    'These arbitrary caps undercut business' ability to hire and retain the number of highly educated people in the field where we need to maintain our leading position,' Barrett said on FT.com.

    Barrett suggested, 'We should just staple a green card to every advanced degree granted to a foreign national from a U.S. university in science and engineering.'





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  • One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No





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  • That's been my understanding all along. Applications are approved per the Notice Date, provided the applicant's PD is current. But I know, we've all seen exceptions to that rule. I guess this is more relevant in your case since you're current, but I'm not, so it doesn't really matter too much anyway. I just don't want any RFEs.

    I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D





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  • OK....wait till next week for an outright refusal on EAD.
    once that happens.....explore the option to file suit......



    they first stated that they had instructions from their legal team that they have too much hassle with EADs causing problems, so they dont hire ppl with outside EAD. When I asked them to reconsider they said I dont know for sure, lets see what the legal team says.

    It seem to me that this hr person did not make up the refusal on their own, but had previous precedents to go by or had been given explicit instructions.
    My fear is that they will come back with a clearer explanation of why they cannot offer employment based on the EAD.
    I am getting really really upset about this. If I had known about this EAD refusal thing I would not even have gotten out of H1 and would have continued to work...





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  • WOW that is good.. by nov they will clear all backlog ..( Pending more than 1 year ).. from June 2009 name check will be cleared in 3 days..





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  • Excellent Analysis.

    Thanks.





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  • congrats..

    All,

    Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
    Does this mean I am greened?

    EB2 - India PD DEC 22 2005. NSC
    I-485 receipt date: Aug 21 2007.
    Opened SR on 08/11/2010





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  • Well, all the jobs you mentioned in your message now falls in Zone 4 i.e. Eb3.
    Only option that person may have now is to change career altogether in the fields where desi consulting companies do not operate.

    Its not so simple though. Even after finding a good company to stick to, you should not make up your mind to remain stagnant. When you work for about 5 years, you will be faced with a situation where you are asked to take on more responsibility.
    The way things are with the current process, if you want to progress in your career and take on a new challenge (eg: database programmer to a DBA/architect), that would require a new LCA since there is a significant change in the responsibilities.
    Also at big companies, there are several lines of businesses which are structured as if they are companies by themselves. If you want to shift between LOBs within the same big company, that would also require a new LCA.





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  • Ok, i will try to make it as simple as possible:

    2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
    Both go to USA in 2002.
    JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.

    In 2003, JEs company files for his GC, PD 2003, EB3
    In 2004, MBA graduates and joins a company as a manager.
    In 2005, MBA's company applies for his GC in EB2, PD 2005.

    So far so good.

    Now, it is 2008. Both are still waiting for their GC.

    Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).

    Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.

    What do you think is fair?

    P.S. - I do not support this lawsuit.


    What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.

    Remember, one does not need to be employed to file for GC and GC is for the future job.

    What do you think is fair?
    It is not what you or I think is fair. From legal point of view, both had equal opportunity to file for GC in 2003 for eb3 job. Just because, the MBA person didn't go for it is not a valid argument. Don't you agree?





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  • http://www.abcnews.go.com/Politics/WireStory?id=3364485&page=2





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  • wait for atleast 4 (6 is better still) months to figure out if it is in the "stuck in NC" status !


    but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.

    This is my opinion, not an advise. Use it at your own risk.





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  • The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.

    It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible.. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.





    There will be only 25 - 20k Spill for 2010. Given that India and CHINA Eb2 can cross mid 2006.
    It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
    If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.

    Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.





    A new technique reqruiters are using is
    "Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."

    I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.

    If someone askes we can say we have GCs and then if that takes us through the process, they cannot raise a problem at the I-9 stage as that would violate labor law.

    And usually people who initially ask and filter are different from people who collect I-9 information, so that may actually work.



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