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Wednesday, June 22, 2011

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  • lazycis
    12-20 08:35 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.





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  • 485Mbe4001
    02-20 03:20 PM
    looks like there no hope for EB3 India to move further :(





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  • pappu
    01-16 12:10 PM
    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.
    Thanks.
    We confirm your contribution commitment for $20 per month. Each $20 is important for us.





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  • imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...



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  • pmamp
    07-05 01:48 PM
    I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.

    Those are major outcomes or results for not paying any dime.

    I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.

    If those members want to contribute more as many of us do then they are most welcome to do so.

    In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00

    Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).

    In short, I support this idea of having majority of forums under restricted umbrella.

    - PMAMP





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  • roseball
    07-09 03:35 PM
    I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....



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  • gc_on_demand
    11-11 01:36 PM
    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?

    We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.

    Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.

    hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..





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  • kaisersose
    09-18 11:15 PM
    I had to reluctantly stay away from the rally due to a brand new baby at home, but I sure hope to be part of future efforts.

    And I totally agree that Legal is the keyword. Most Americans are not clear about Legals v Illegals and lump them together. Of course, some just do not care and do not see a need to differentiate between the two. They would just like to see Asian and South Asian folks get out of the country.

    And I also am not in favor of asking for an increase in GC quota. Instead I am in favor of not counting spouse and kids against the quota. This itself will effectively inrease the quota to over 350K per year. Directly asking for quota increase always leaves a bad taste for skeptics and will slow down any possible action.



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  • Goodintentions
    02-09 11:47 AM
    I am planning to drive down from Detroit area. It should take about 10 1/2 hours to DC. It will be good if we could car pool, more for driving comfort and company. If anyone is interested, please let me know.

    Best wishes...





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  • msgrewal81
    02-18 08:39 PM
    Overall, it is better if this bill dont pass:
    1. It makes LC very very difficult
    2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.


    So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.



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  • eastindia
    09-09 01:03 PM
    American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.

    EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.

    They should be doing hunger strikes and do a rally in DC every month.

    Else they can forget Green card coming any time soon.





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  • wizpal
    08-15 09:52 PM
    Guys,

    Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.

    I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
    --------------------------------------
    Be the change u want to see in this world.. Mahatma Gandhi.



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  • nivasch
    12-13 10:43 AM
    Hi, I am from NJ, srini_chenna@yahoo.com
    :)





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  • sanju
    04-04 03:01 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

    http://durbin.senate.gov/record.cfm?id=271783

    Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It’s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.

    Taking out frustration on consulting companies doesn’t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.



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  • sunnymit
    08-02 03:34 PM
    At times we forget who we really are - Immigrants. Of course when the going gets tough, we will be the first ones to get hit. Why is that even under question? Do we expect any country to first worry about immigrants and then worry about its own citizens? I don't think so... We don't have the same rights as citizens or even GC holders, rightfully so. There are times when we will be discriminated against in the most polished way possible. For e.g. the President while giving out the TARP money to the banks mentioned that any banks receiving the loan can't hire any foreign worker (I don't remember the exact verbiage but it was something on these lines). Did people on H1s or other temporary work permits not pay taxes that consituted a portion (however small) of the TARP money handed out to the banks and car companies? So what? Some people complain about paying SS tax while they are not even eligible to receive any benefits unless they get GCs/Citizenships etc. So what?Now, all of these points can be argued in multiple ways but the bottom line is that us immigrants do have a lot of boundaries that we need to work within. Some of them are just, others aren't. Honestly, we are lucky that the govt hasn't come out with a rule yet that will send all the H1-Bs and other temporary work permit workers packing till the economy is back on its feet again. Guess what, we will all be angry about it when it happens to us, but the moment this coutnry opens the doors again to immigrants, we will be standing in the line right outisde the US embassy for new stamp.

    Why am I saying all this - just to put things in perspective. As someone rightfully said earlier, filing for your GC process is an incentive by the company just like giving out a bonus - even that has a more certainity than GC. The company can anytime decide not to fulfill its obligations towards you if its not in its best interest.

    Please believe me when I say that I am not writing this to lecture anyone about the realities of life. I have gone through the thick and thin of the immigration process just like all of you. I have spent countless hours thinking "agar aisa hoga, to phir kaisa hoga" (sounds filmy, I know) but its true. IMO, the sooner we understand the realities, the less painful it becomes for us...





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  • pappu
    07-23 09:08 PM
    Employment Letter is Required. I would even go to the extent of emphasising to put original letter instead of a photocopy. Do not take chances. The application can be rejected/RFE can be issued in the absece of initial evidence. Read the new memo and educate yourself rather then blindly believing members or lawyers. Ignorance of law is not an excuse if you were to challenge a denial notice. When all information is available, make yourself educated. and BTW get a good lawyer to file your application so that each and every small detail can be taken care of.



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  • velan
    06-30 09:18 PM
    Thanks for the update.





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  • greyhair
    03-12 11:44 AM
    I completely agree with you. By the way, why are you not a donor?

    I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.





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  • vbkris77
    04-10 12:28 PM
    What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.

    This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.


    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





    sri1309
    09-10 06:27 PM
    Actually even the Brits. have a rule in their immigration process stating that if you have spent a total of 10 yrs in that country, that alone is a basis for a PR card there. Citizenship is another 1 yr after that(there is currently some debate about making it 2 mainly over spousal PR cards). This rule is based on the premise that if you have been part of the society for that length of time then you have contributed sufficiently to warrant peership. So by this score, many of those who posted that they have been here since earlier than 1999 would have been eligible even absent the employers assistance.
    Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.

    As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
    It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.

    I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.

    Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
    Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.





    singhsa3
    03-03 01:48 PM
    Consider this:
    Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
    So the sample size is NOT 25K but around 500, based on the daily visits.

    This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
    a) 1 MM people in the line for EB green card
    b) All of them highly skilled with at least bachelors
    c) Average income 75K +
    d) Average family size: Slightly more than 2 .
    e) Life Dream : The American Dream
    f) Bottleneck to the life dream : The long ,excruciating backlogs.




    whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.



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