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  • manishs7
    09-24 04:54 PM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.




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  • madhuvj
    09-15 05:10 PM
    Come on Guys,

    We need more people to break the USCIS back. We can do it. It will not only help people who are currently facing the repercussion of this unreasonable USCIS actions, it will help others. Just think about, It could help your friends, relatives, brothers, sisters, cousins and all people....

    This effort is to raise our voice towards the unfair treatment we have been receiving from USCIS since 2002. The First was the huge labor backlog, then came the ever-pending NameChecks, then came the July 2007 fiasco, then the approval of cases based on 485 ND and RD when people with PD < 2004 are waiting for years, then the frequent retrogressions. There are lot of people who got a single year EAD because PD was current till 2006 until last month. Now the dates have gone back to 2003 and no one knows when it will reach 2006 again. This is ridiculous. We need to raise our voice, otherwise, we will not see any light in the future. This is a nice opportunity to come together guys. COME UNITED guys.




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  • bkarnik
    05-02 09:03 PM
    If the CIR seems likely to pass, I believe Sen. Cornyn will push for this bill to be added to the CIR as an amendment, much similar to what Sen. Durbin did with the DREAM bill. Amongst the bills I have seen, this bill is the best one so far. Agreed it does not address all that we want....but compared to where we are, this bill will achieve a lot for us. Especially, if the AOS clause passes, it pretty much means that you can file I-485 i.e. it means that you and your dependents become eligible for EAD and all the benefits associated with it. :)




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  • viper1400
    02-11 11:30 PM
    IV,

    I know you don't want us to use paypal - but I think that might be delaying lot of contributions.

    Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.

    Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.


    Sent $54 to cover some paypal expenses
    You have sent $54.00 USD to donations@immigrationvoice.org.

    Contribution so for $204



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  • acecupid
    09-24 05:31 PM
    A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

    In your analogy you are forgetting the company (USCIS) still promoted that Test Lead to Manager even though he wants all those benefits from the very first day(INA law).

    In other words it is a law per USCIS! So stop cribbing because it doesnt suit you.




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  • godspeed
    07-24 03:12 PM
    sriwaitingforgc ,

    i guess so, everything is random here



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  • chantu
    08-26 06:41 PM
    My wife got EAD approved on 16th Aug and I got my approved today. I do not know why 10 days of delay.

    One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!




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  • a2k2
    08-23 01:18 PM
    I came to know my wife's application is pending for finger printing. I was told she will be getting an appointment notice. Should I wait for notice or can we just walk in? I live in NJ and if anyone has had this experience please let me know. Don't want to miss while my PD is still current - Nov 05.



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  • SunnySurya
    08-18 01:51 PM
    Now again any volunteers for the letter we have been talking about?




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  • diptam
    08-18 01:41 PM
    Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .

    I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples

    Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.

    Here is what I propose:

    1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
    2. Please contact your lawyers to see if they have contact in AILA.
    3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth



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  • dtekkedil
    07-10 05:09 PM
    Good Job and Congratulations everyone!!!




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  • anzerraja
    07-20 11:09 AM
    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer



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  • hindu_king
    03-06 05:11 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA




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  • chanduv23
    09-14 10:59 AM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff



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  • andy007
    07-07 10:07 PM
    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant

    :mad:




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  • johnwright03
    01-30 03:33 PM
    Thanks sledge for your support.. That's exactly what I meant. One should at least have a job before applying for H1. I am in totally favor of H4 visa holders to be able to work. There are so many highly educated and talented people out there who are stuck at home or school because of H4 work permit law.

    I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.

    One should at least have a job before applying for H1.
    Can you show me a single employer (not the Desi Consultants), would be willing to interview or atleast talk to you if you don't have an H1 or valid visa to work...????



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  • rbharol
    10-17 01:49 AM
    IV

    I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?

    NUmbers USA are asking members to send this fax to their representative...

    ====

    Dear Representative XX

    I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.

    Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.

    Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.

    Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.

    Anti Immigrants will keep doing what they are doing and they have been doing it for long.
    They have to give strong argument in favour of their claims.
    Somebody can't just say we don't like the color of their skins so we do not want them here.

    Let them present their views to the lawmakers and lets do our part.

    I do not really like the idea of posting NumbersUSA posts here.
    I do not mean to offend you.




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  • reddymjm
    06-07 05:55 AM
    It is better to take your time and make sure everything is sound, then hurry and miss something.

    Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
    My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.




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  • kondur_007
    07-28 02:08 PM
    As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).

    If this is repetition of what has already been discussed elsewhere on the site, I apologize.

    First, let me point out when and how the interpretation changed:

    Following is from immigration-information.com site (Ron Gotcher):

    �Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.

    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�

    Direct link to above post:
    http://immigration-information.com/forums/showthread.php?t=5456

    Some more information from Ron Gotcher�s site can be found at following link

    http://immigration-information.com/forums/showthread.php?t=5703

    Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)

    8 CFR Sec 202(a)

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-


    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Read the entire Sec 202 (a) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    A glimpse of Sec 203(b) is:

    b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:


    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.


    Please read the entire section 203(b) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    So, in nutshell:

    1. The law is actually clear on this.
    2. Now Mr. Oppenheim has interpreted it correctly as well.
    3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
    4. The only way to deal with it is to CHANGE THE LAW.
    5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
    6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).




    stillhopefull
    09-18 05:12 PM
    I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?




    malaGCPahije
    03-26 03:50 PM
    Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.

    Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...



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