Monday, June 20, 2011

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  • ajju
    02-20 03:55 PM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.


    Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...





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  • makemygc
    07-16 08:23 PM
    From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.

    Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.





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  • Libra
    06-13 10:33 AM
    Yaar JohnAmit.........they are making fun of those who are crying about cheap labor and immigration system....they created it for fun.

    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.





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  • gcisadawg
    02-13 04:59 PM
    LOL

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into

    This is a real life example that happened a week ago. I was at the gym talking to a guy and he was asking where I was working. I told him and I got a look that suggested it was a crime for me to have a job.....No words exchanged but just the look of it...I could feel it..



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  • chanduv23
    09-27 11:04 AM
    Well - though white racists may oppose - anything related to economy and development does go through.

    I personally think that if this proposal goes through - EU will be the next melting pot.

    Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.

    Does anyone has more info on this?





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik



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  • rajuram
    11-11 10:43 AM
    WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

    Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....





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  • immi_2006
    09-26 10:29 AM
    Check this

    http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/

    Lets spread the message....



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  • gc_rip
    09-09 12:36 PM
    I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

    What do people here really think?

    1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

    2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

    3. Wait for another X years, and then go back.

    4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
    --- Hoping family based GC would still be allowed by then

    5. Don't know, confused?





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  • royus77
    08-10 09:10 PM
    If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.

    BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way



    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."



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  • k3GC
    11-10 10:06 PM
    IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover





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  • a_yaja
    06-25 02:02 PM
    Gurus,
    A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.

    I-485 Check List
    � Birth Certificate
    � Copy of page with nonimmigrant visa
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Finger Printing (this is done after the I-485 is filed)
    � Medical Exam Form (I-693)
    � Form G-325A (this does not have a check list)
    Evidence of Status
    o Copy of I-94 showing admission to the United States
    o Copy of approval of I129 extension (H1B extension notice) for primary
    o Copy of approval of I539 (H4 extension)
    � Employment Letter from Employer (original)
    Evidence of eligibility
    o Copy of I-140 approval (primary applicant)
    o Copy of Marriage Certificate (derivative status)
    � Filing Fee


    I-131 Check List
    � Govt. ID (driver�s lic. Or passport)
    � AOS Receipt (not required for first time filing along with I-485 form)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Letter explaining why you require AP
    � Filing Fee


    I-765 Check List (submit in following order)
    � Copy of I-94 (front and back)
    � Copy of last EAD (for renewal only)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Filing Fee



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  • we_can
    12-27 12:32 PM
    Posted on IndiaGrid.com
    http://www.indiagrid.com/cgi-bin/viewarticle.cgi?dmmy=ok&postid=6560&stq=&cat=art
    and
    http://www.indiagrid.com/cgi-bin/viewpost.cgi?dmmy=ok&postid=85359&stq=&cat=ser&subcatid=seo





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  • pitha
    02-21 03:34 PM
    It is such irresponsible advise that has made EB2 India unavailable. The EB2 or eb3 should be decided based on the job requirements and not to fulfill your personal needs so that you can jump from eb3 to eb2. have you heard the adage "One rotten apple spoils the whole barrel". it is basically because of people like you the whole EB system is tainted and viewed as filled with corrupt people who will bend rules to suit there needs. Forget eb2 go for eb1 but only if your job really is in EB1 and not to cheat the system. You may get away with it but the end result is DOL and USCIS will make it stringent to get eb2 or eb1.

    anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.


    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!



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  • Nil
    03-17 11:31 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...





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  • vaishalikumar
    08-16 02:17 PM
    IT IS TOO BAD FOR EB 3 , WHY THIS INJUSTICE WITH EB 3 ?


    everyone was expecting them to go U

    EB1 has cutoff?? for the first time in recent memory?



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  • ns007
    12-28 08:36 AM
    How do you get time to post all day long on IV.org?

    I would love to have your job. Making 140K for browsing and posting on IV.org !!!

    Kidding !!!

    I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......

    I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.





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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • mariner5555
    03-12 01:38 AM
    Please see the following thread
    http://immigrationvoice.org/forum/showthread.php?p=229630#post229630
    Way to go Singhsa3 ..I for one strongly believe that this has the best chance. I guess in simple terms the world functions in the Give and Take theory. the chances of success are more when both the parties have something to gain. at the very least we (immigrants and IV) would get more support (at the minimum donations, ads etc) from builders realtors dealers etc (if they become aware of this) ..even the latest campaign for admin fix would have had more chance of success if the above had been included. let me know if you want me to help in any way ...





    unseenguy
    05-27 07:57 PM
    I have sent exact size photocopies to USCIS all times, no issues. Never ask for help in Kinkos for photocopy, DIY.





    boreal
    07-12 06:00 PM
    the current 485 processing dates for both NSC and TSC are in July'07.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.



    Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?