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wellwishergc
07-13 10:54 AM
Right on! You are absolutely right! It just needs people to amplify their vision. Even if there is a hidden agenda for somebody else, why shouldn't you be happy if it benefits both you and the other person?

As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.

The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.

I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.

What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?

Need some civility here - Please!





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meridiani.planum
03-16 04:32 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?

Honestly, I thought they should have been already processed and gotten their Green cards by now.

All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.

If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.



most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?


BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?


without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...

Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)





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abhijitp
07-25 05:25 PM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.





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wahwah
02-21 02:17 PM
i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable



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pmb76
03-15 09:48 PM
yup........i wish everyone who used substitute labor, or interfiled EB3 to EB2 should not get their green cards for about 10 more years. May they be screwed by their (mostly) desi (mostly) IT-Software employers.........they deserve every single bit of misfortune for F*$#ING up the chances for every honest EB filer, who patiently waits in the RIGHT queue.

As far as i am concerned, such people can go to hell.........and i wish they do!!!

:)


I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.





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edgarrecto
02-21 05:26 PM
how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?



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geniousatwork
06-11 08:50 AM
done....me and my wife did it





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SSSarkar
07-17 10:15 AM
Well done.

I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........

-------------------------------------------------------------------

Hi Roy,

I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

The fax content is as follows

Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

Here are just a few reasons why I hope you will oppose the SKIL Act:

(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

Sincerely, [Your Name Will Appear Here]

My view on the above points.

1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

I certainly welcome yours and NumbersUSA perspective on this email.

Both of us strive to make America more strong and competitive.

Thanks,
Satish

"It is the theory that decides what we can observe."
Albert Einstein



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jcgc
02-21 03:13 PM
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)


Yes it is very likely the Eb2 India can move past Dec03. Keep in mind that the spillover (taking your estimate of 14k) will not entirely go to EB2 India. Part of it will also go to Eb2 China. And we dont know how that allocation is done.

Again, All this is based on the hope provided by recent posts that Eb1ROW spillover may actually got to EB2India (posts made by Ron Gotcher / Googler on their supposed converations with Charles Oppenheimer). Till recently, I used to be under the impression that only Eb1ROW spills to EB2ROW spills to EB3ROW.





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alisa
01-21 11:13 AM
Assuming everyone stays the course, under these timelines

1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.

The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.

Ok. So thats a 10 percent decrease in accumulation rate.
Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.

The timelines are now less than 20 years.

For India. (ROW wait times are less than 5-10 years anyway according to this model)

YApp YC(New) YC(Old)
2001 2011 2013
2002 2015 2018
2003 2016 2020
2004 2018 2022
2005 2020 2024
2006 2021 2026
2007 2023 2028
2008 2024 2030
2009 2026 2032
2010 2027 2034


In anycase, there is a point to this exercise.

I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.

Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'

If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.



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StarSun
02-03 09:22 AM
To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.





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bheemi
07-02 07:32 PM
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

Ask funds for some other work but not for lawsuit..



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Desertfox
10-29 08:14 PM
EB3 India
PD July 06
I-140 Approved
485 Pending:D





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reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..

1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.

3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.



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sathyaraj
03-06 10:54 PM
Hi All:
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.

There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.

Please provide me with your experience and the inputs from your attorney.

I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.


Regards
SathyaRaj





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Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.

Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.

If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!



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ronhira
03-12 11:14 AM
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

Need my trust and money, please earn it.

so u'r sachbole - employee of that tracker site..... wonder y u hate iv......

u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....

no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?





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WillIWin?
07-24 01:36 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

My thoughts.

With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.

So we should attach it . If not now, then you will get RFE. Why to get RFE ?





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bestia
08-15 04:11 PM
DOS/USCIS learned to do copy and paste :) "01JAN07"

And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.





virald
07-18 12:34 AM
^^^^^^^^^^^^





mheggade
07-20 10:24 AM
The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.



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