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  • franklin
    02-13 10:46 AM
    This is great!!!

    All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.

    Ha! Maybe this will be the penny that drops to make people realize that this isn't "just an Indian or Chinese thing"





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  • gc4me
    03-27 10:19 AM
    I did some internet search and found this Q&A in murthy.com
    Cooool...people go ahead with LC Sub.

    Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
    �MurthyDotCom
    A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
    �MurthyDotCom
    Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.


    How do you now that? Any sources?

    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.





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  • gc28262
    01-17 11:10 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that

    This law was made by snram4 in his backyard ! :cool: No lawyer in US is aware of this.
    There were indians who served British East India company during Indian Independence struggle.





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  • gc_chahiye
    06-28 08:21 PM
    Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.


    It has gone against what they used to do in the past, and they have not published this new policy in a place where stakeholders have a say (or atleast get to know in advance that the policy is changing). Valid complaints. But I dont think AILA is saying they broke the law. And thats scary.



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  • delhirocks
    06-27 09:39 PM
    Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

    Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..


    Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

    Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • snathan
    08-16 12:29 AM
    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.

    If you are soft state they will after you...How come Israel surviving with all hostile neighbour....Do you know the seven day war. Do we have the guts to do that with any country who are launching terrorist into our land.?

    Yes...US is not attacking Pak...because Pak is living at US mercy.



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  • a2006
    05-29 09:57 AM
    It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
    I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.





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  • Rohan99
    07-30 01:20 AM
    psaxena ..... Are you obsessed with GC? This thread is about amway not immigration. Try to learn differentiating

    You need to Grow up instead of saying others. Use your common sense next time you post such things, Read thread topic before writing anything.



    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.



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  • longq
    02-14 10:13 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.





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  • yabadaba
    07-04 08:52 AM
    I am writing to you to ask for your support is covering one of the news item that seems to have been buried because the people impacted are Americans of the future and are not a vocal constituency.

    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other non-recoverable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER POLICY THAT HAS 50 YEARS OF PRECEDENT.

    During the immigration debate you covered groups like NumbersUSA that have restrictionist agenda. The rallying cry for all anti immigrants was for people to come legally. We have come here legally but are mired in the bureaucratic road block because no one from the 4th estate holds their feet to the fire.

    Currently, Congresswoman Zoe Lofgren has asked Secretary Rice and Secretary Chertoff for answers. A number of lawyers have claimed this is tantamount to a scandal at USCIS since they have not followed the law. American Immigration Lawyers Association is in the process of filing a class action lawsuit.

    The media is the only voice for us to reach the law makers and the American public. During the comprehensive immigration reform we kept hearing that we need to have a national debate on immigration. We are here. We are suffering. We are waiting. Would not a debate on legal immigrants we a good place to start?

    Links for your research
    http://www.nytimes.com/2007/07/04/us/04visas.html
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
    http://www.usimmlaw.com/current_information.htm
    http://www.immigrationvoice.com

    Thanks

    Regards

    yabadaba



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  • BharatPremi
    07-26 04:09 PM
    I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.

    Let me challenge you on the basis of what you wrote here.

    1) You wrote: The only important thing is to quickly migrate to the place you
    like most, everything else is a waste of time.

    Good Enough. No argument.

    2) You wrote: I don't think there is any need to love any country, its just a
    place like any other.

    Here I may not have a problem but Americans will surely have problem.
    They want such people from outside countries who are ready to be loyal
    to USA and ready to love USA as their future country.

    Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(





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  • ocpmachine
    06-11 07:39 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.



    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)



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  • vdlrao
    07-24 09:40 PM
    I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.





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  • dpuranik
    01-26 02:11 PM
    You can not apply I-140 Premium Processing if you are doing Labor substitution.

    http://www.murthy.com/news/n_eb3140.html



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  • samay
    08-25 03:01 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.

    Its enough that you have responded the RFe and sent the photos.





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  • GCwaitforever
    02-14 01:13 PM
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    Encouraging precedent for the law suit. Excellent.



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  • hopefulgc
    02-13 07:36 PM
    Done.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • radhay
    05-29 11:25 AM
    60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?





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  • chanduv23
    07-04 08:36 AM
    Macaca, pappu and gang - can we compile a funny animation cartoon with a message in flash and upload it on youtube?

    I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??





    sb15
    07-22 01:39 PM
    My Alien # on I-140 approval notice is different from my I-485 receipt notice, will this cause an issue ? I appreciate your service.

    Thank you
    sb





    advad
    07-15 01:01 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.



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