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piperwarrior
07-16 09:55 PM
The point is not about changing NumbersUSA supporters (that will not happen). The idea is to discredit this organization in the same publications that have profiled them (i.e., NY Times and LA Times) and show that their arguments don't hold water.

We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

Here is the first one:


I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

Example 8.

Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

What kind of federal income tax returns will he file for 1999 and 2000?





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dummgelauft
08-21 09:28 AM
You are an illegal. Go back to Canada, and try properly.





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bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.

I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

Please help


Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..





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GCScrewed
07-04 11:06 AM
Paskal,

It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.



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nixstor
10-15 08:20 PM
Do not forget to notarize your request. It prevents a frivolous rejection





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Rajeev
12-19 10:47 AM
Hi Varsha

I will join the conference. My e-mail address is rajeevm100@hotmail.com



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inskrish
04-10 09:36 AM
Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need

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dummgelauft
08-21 02:53 PM
If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.

You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.

This is the hard truth, take it or get off this forum.

Admin, this poster should be deleted.



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yabadaba
09-10 04:07 PM
thx for catching that.. i m sending it now to my school





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thomachan72
07-13 09:20 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?

Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D



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humdesi
02-21 10:06 PM
Lord almighty people are getting really carried away. :) This cutoff setting guy hadn't even made up his mind as of Feb 13. Also read my entire post, he won't set the date till he sees the estimate from USCIS.

Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).

Most likely he'll see how much the demand really is and decide a cutoff at early 2002 or maybe even 2001. Remember EB-2 india vanished even after cutoff being at Jan 2000.





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StarSun
02-07 08:35 AM
immig4me, can you keep the advocacy thread on the home page in the weekend too?



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eb3_nepa
02-14 12:50 PM
Retrohatao,

The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.

Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.

We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)





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imneedy
05-12 08:37 AM
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.

I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:

Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
In reference to: S-4R794075S5203161T



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pd052009
03-22 06:29 AM
^^^^





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delax
07-20 02:28 PM
delax,

There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.

Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.

The data is organized by Govt Fiscal Year (Oct thru Sept) and by priority date not approval date. Thus anyone applying in Oct-Dec of 2005 will show up in the 2006 file.
You will notice that the PERM receipt date is always between Oct of previous year and Sept of next year. I also think that the pre-PERM data is a little suspect. I am the only GC applicant from my company and my PD is July 2004, but my case does not show up in the 2004 file. I guess during the transfer from DOL to BEC's my case got lost in translation though I got an approval in Feb 2007.



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satyasrd
09-09 12:48 PM
Thanks for this post. I was about to post something similar myself.

Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !

EB3 seriously needs to wake up.





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tikka
06-10 09:41 PM
Hi
Since have some down time.. maybe we can try and revive local chapters?

You folks - Jersey was quite active, maybe we can all work together.

Please PM me

thank you





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ss_col
07-11 01:57 PM
Not to be a damper but I think theres something else thats going on and its not for the benefit of EB2. I know many people before April 04 who have not got their GC's. Anyways, lets hope for the best.





aries22
07-05 11:14 AM
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.

I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..





AirWaterandGC
07-15 03:39 PM
Talk to an attorney soon then.

I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.



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Dakota Newfie
07-03 06:22 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?





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frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).

Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.





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Cheran
11-11 02:13 PM
I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....

" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."





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GreenCard4US
07-16 09:12 PM
Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.



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yetanotherguyinline
06-11 03:27 PM
Letter printed out and mailed via snail mail.





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thirdworldman
02-16 08:50 PM
I tend to sterr away from nurbs and use polygons exclusively...most 3d packages now (max, maya, xsi, lightwave, etc.) have really improved upon polygonal modeling, having added features such as subdivision surfaces (or sub'd's). This is great for any type of model, whether it be architectural or organic. Some people argue that Sub D's have rendered nurbs obsolete (no pun intended). I personally use XSI, but this is a new standard modeling method that can be applied to almost any program. Google the term, and see if there are any good tuts out there for your program.

In a nutshell, Sub D's allow you to work on a low density object, while in real-time, a virtual high resolution copy of that object is updated. The beauty of this lies in the ability to create organic nurbslike objects) with very little work, with even more accurate results than what can be achieved with nurbs. On the flipside, almost all architectural/structural modeling should be built with polys in the first place. I hope that helps, and if you need any more pointers about Sub D's, let me know.



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HOPE_GC_SOON
08-02 03:13 PM
Folks,

This is a good beginning for a cause which gives us some relief in these retrogressed life.

We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.

This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.

Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.

Please start this movement.

best wishes and thanks for all the great Volunteers.

No doubt if, IV wish, it can achieve... No Wonders

thanks



To the core group/Senior Members,

If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

Any thoughts ??





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singhsa3
02-21 02:08 PM
Can some expert do the following analysis:
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.



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gcma08
06-06 07:44 PM
My PD is Jan 2004 (EB2-RIR, India), I filed thru NSC

Which service center are you form?





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GCKaMaara
04-07 10:52 AM
I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.



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jamesbond007
05-27 05:32 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.

They should probably add to the instructions: "Do not go to Kinkos and ask for help to make photocopies. Do-it-yourself." :D





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ewana
08-26 12:11 AM
Thanks willigetagc and sayantan76 for your reply.

According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

Thanks a lot for all your help. greatly appreciate it.



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peer123
07-13 09:20 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.

I agree with you,... Lets accept it. Nothing is FREE in this world...

There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.

we should be able to combine all forces and go at it....





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frostrated
06-11 03:02 PM
As most of you know, Sen. Grassley has of late been advocating bills against the immigrant community. According to wikipedia, his approval rating is at 50% last year. He is up for re-election this year and his Democratic opponent is quite strong. If the Tea Party can help Republicans, so can we help the democratic candidate.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]

Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.



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reddymjm
06-03 05:01 PM
dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
Then wait for 180 days to take advantage of AC21.





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diptam
07-02 07:53 PM
Ramus,
I did that in the afternoon but the GOOGLE status is showing "In Process"
is that okay ? Here are the details :-

Order Details - Jul 2, 2007 2:22 PM EDT
Google Order #669480843461078

Thx,
Diptam

Thank you.. Please ask others to contribute.



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gccovet
02-19 01:09 PM
That's exactly what I wanted to ask! How on earth are they going to prove a presence?

1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles

I'm not saying they can't, but trying to think how...


IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).

http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html

GCCovet





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StarSun
02-10 11:35 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?

Need a volunteer to coordinate the air miles. Please contact me.





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nixstor
07-02 10:46 PM
Guys,

Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.





retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.

Please add this as the one of the hot issues to help one and all.





imneedy
05-06 08:03 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....

I second that



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Jaime
09-10 02:37 PM
Hey Andy, yes, join us on the 18th! We can help with your airfare, and even better if you can bring your wife and kids!!!!





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chintu25
09-10 10:44 AM
I will update here for those who cannot enter chat


Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008

I will update here once HR 5882 starts





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like_watching_paint_dry
05-27 05:22 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.





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jaane_bhi_do_yaaro
08-10 08:18 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?

We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...



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eilsoe
02-16 05:21 PM
ok I'm in too folks... :thumb:

Already started, gettin' some ok renders so far, just need to pump up the details and figure out how to model the subway trains... :-/





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vin13
11-12 03:32 PM
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

What if we end up getting response that there is some action needed from Lawmakers to correct law..

just random thoughts.

In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.

We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.



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Nil
03-10 09:27 PM
How abt showing the US govt - what is in it for them?
If they recapture x number of visas and y % buys a house soon after, it is a win-win situation. They provide solid ground under the feet of LEGALs and the benefactors build on top of that ground.
A key item will be to get a petition from a number of IVeans pledging to buy a house if they get a green card. If that number turns out high, this will be a good blil-board for our cause.





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Jaime
09-10 03:34 PM
I have $100 more for anyone who can't attend due to funds! Let's GO guys!!!!!!!!!



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alterego
07-04 08:31 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

Now lets come to July Visa bulletin mess.

Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.

 If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

 Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.

There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.





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perm2gc
12-27 05:38 PM
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amitjoey
01-18 11:48 AM
Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

I understand that some of you do intend to contribute and have contributed generously in the past,
But here are some mindsets, All of us fall in these 4 mindsets.

1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
2) I have contributed enough.
3) I will contribute if I feel like, when I see something comming out of this effort.
4) I do not have to contribute.

If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.

Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

Category 3) This has been discussed, I do not want to talk about this category of members.

Category 4) Again - No Comments-

Lets show the core team that all of us fall in the first 2 categories.

The last thing we want the core to do is bite their fingers over funds. We want do not want the core to get stressed out over funds. They have enough real work to do already.

Inspite of being a serious team player, and a generous contributor it took me two days to sign up for the recurring monthly contribution program, so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.



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GCBy3000
01-18 03:06 PM
I dont understand where they will deport you if you do not have any immigration documents? By default to mexico?... :) This office does not know anything...

Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

Sir, are you a US citizen?

I said, No

Then, he asked me, can I see your immigration documents.

I have shown my passport to the police officer.

He looked at H1-B visa and I-94 and asked me; who do you work for?

I said my employer�s name.

Later, he gave me my passport back.

Now,

I have asked the Police Officer few questions

1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

2. What would you have done to me, if I had failed to present my passport?

Police office said, I could have DEPORTED you.

3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

Police office said, No. Technically, you must carry original documents at all times.

I would advice you to carry Passport at all times.

I did not know this until Police Officer told me about this LAW.

P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





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vin13
02-11 06:48 PM
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.

Who are you questioning???

I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.

We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.



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gk_2000
05-23 03:51 PM
Yes you suffer from inferiority complex !

And rightly so, I may add :D :p





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godspeed
06-11 09:40 AM
and forwarded to 20 of my friends, will follow up with them to send the message



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sri1309
03-09 01:10 PM
Anyone for May 09 predictions???

Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.

I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..

Anyone.. what will you be doing different today to fix our issues????





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apt29
11-11 04:38 PM
Second step is requesting members to send electronic signature. Basically they have to scan thier signature and send JPG file.

Will there be any privacy issues?


VIN13 Posted Draft already in this thread for Comments. :)





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cool_desi_gc
03-17 04:15 PM
This clearly shows that EB3 India pipe is clogged becuase of lot of pending cases in 2001/02.Many of them are 245i cases as well.Once the PD crosses 2002, EB3 should go a little smoother.

BTW, mine is Dec 2002





zuhail
03-11 09:23 PM
I have emailed the IV administrators seeking the opinion of the IV team and
about prioritizing the recapturing of visa numbers on the IV agenda.
May be I would be able to speak with one of the IV administrators about this issue soon.





BharatPremi
07-13 10:23 AM
To those guys:

Who are against Ms Murthy or any other law firms please educate yourselves before start whining. I am not going into more detail but I think Delax has fairly explained... Some entities may be working in the background for our cause and can not go public about their activities... You would say how do you know? For that you will have to learn the art of "Reading between the lines" .. And if you can not do that please shut your mouths. Everybody is playing their parts fairly.