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Sunday, August 7, 2011

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  • NKR
    02-14 09:17 AM
    Sorry for pasting the below post in the wrong thread, but I thought that people not residing in MI will have the tendency to by pass the thread that WD's post was in. I felt that we need to recognize and appreciate the efforts of people who worked towards this issue. If I remember right, Mark, WD and others took their time off to testify in state senate.

    Immigration Voice in Detroit News


    "One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.

    "My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
    MI Chapter testimony in State Senate ( Driving License issue) -

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  • lazycis
    02-13 09:06 AM
    I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"

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  • satishku_2000
    01-23 04:47 PM

    I agree with you guys that he deservs much more stricter sentence.

    Some of the guys work against us because we are sound different and look different. So dont get into that mode ...

    These kind of small statements can become a big issue particularly in a public forum like this.

    Simple suggestion and peace , I dont mean to offend any one ...

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  • aps
    09-23 10:38 AM
    My friend, the purpose of green card is to allow you to convert into citizenship sometime down the road. If you are not ready and willing to spend your saved money in the US and better its economy, then how can you expect the US goverment to help you?
    If you do not have enough money, then you are not paid the prevailing wage or the wage mentioned on the green card. If you do not have a job, how can your green card process still be there arent you illegal already?
    To add to all the above, as nixtor has stated, reduced backlogs help everybody.


    You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.



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  • gchandu
    07-29 05:41 PM

    I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
    I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
    Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
    Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
    Please suggest a best possible way

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  • deepakjain
    01-22 04:17 PM
    Deepak, are you a consultant or FTE?

    I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.


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  • chanduv23
    06-28 03:46 PM
    Please post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.

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  • Ramba
    07-17 12:24 PM
    Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

    to make it simple, here is my understanding

    Vertical spill over --> PD precedes EB category and Country of Origin
    Horizontal spill over --> EB Category precedes PD and country of origin.


    Before AC21 law, both India and China gets only 3000 EB2 visas (7% of 40000). The remaining unused visas in EB2 goes to EB3 worldwide catagory, NOT TO EB3-India. After AC21 law, all the 40,000 EB2 visas are made available to EB2 catagory, irrespective of country of orgin. In either case EB3-I will get same 3000 visas. There is no difference for EB3-I, before and now. EB3-India will always get only 3000 visas per year till EB3-ROW become current.


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  • LC2002
    03-19 09:23 PM
    If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.

    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.


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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.


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  • bigboy007
    02-13 12:04 PM
    Going into Lawsuit will not do a penny for our fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.

    And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.

    I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.

    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.

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  • felix31
    10-10 10:21 AM
    i would say ban works for everyone - regardless of the citizenship


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  • EB-VoiceImmigration
    01-15 03:44 AM
    I'm trying to Decode this --> @#$#@$@#$X#%^^@#!$#$ :rolleyes:

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  • kumjay
    06-27 03:42 PM
    I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.

    *******You want rumor.....I will give you rumor ************


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  • sanju
    09-23 11:07 AM
    Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!

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  • kalyan
    12-13 10:56 AM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.


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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.

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  • unitednations
    02-13 01:17 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.

    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

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  • Pineapple
    12-14 03:51 PM
    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.

    06-26 12:36 PM
    What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D

    Isn't it??? ;)

    Mid month retrogression is possible acc to Murthy but that may not happen in July

    Everything is a speculation here. USCIS is the winner - always keeps us guessing.

    Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.

    09-17 04:51 PM
    I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.

    I think it is between 3000 and 3500, with depended this comes to 7500.

    In 2008, 10% of these already got approved.
    Some 10% may have abandon application or used other priority days (porting).
    Some 5% may have used cross-chargeable

    So we are looking at a number close to 5000-6000 for Jan-March 2005.

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