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  • lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf





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  • satishku_2000
    07-03 09:41 PM
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.


    age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D





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  • bayarea07
    07-28 03:07 PM
    Hilarious Post and good way to tackle these guys, You Just made my day

    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.





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  • vdlrao
    07-25 07:55 PM
    See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.



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  • punjabi
    07-29 11:07 AM
    I have had 2 friends, one from my Engineering college and another who was a co-worker in SFO. The first one had joined Amway in India and the other one Quixstar in Bay Area.

    Both told me that they were brainwashed by the up-line members and they were forced to go through the cds, books, and their guidelines on regular basis. This is in their own words. I am not making it up. And both of them told me that they have lost number of friends and acquaintances since they joined Quixstar/Amway.

    May be it is a business that you can join to flourish and prosper. But I believe the operating mechanism of Quixstar is wrong. A group should be like - people should feel an urge within themselves to come and join and make the full use of it.

    Running a business itself is not bad. But when it is run and operated by covert, hidden and superficial attitude - that's when people start to feel the repulsion.

    My intention is not to attack Kushal or anybody else.


    Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.





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  • tikka
    07-03 11:02 PM
    Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

    The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

    The State Department said the 60,000 visas it had expected to offer would no longer be available because of �sudden backlog reduction efforts� by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

    In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a �hoax� and a �bait and switch� against hopeful legal immigrants who played by the book.

    �Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,� said Kathleen Campbell Walker, the president of the association.

    To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

    Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

    Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

    �I am concerned that such action may violate the law and could threaten the integrity of our immigration system,� Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

    The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.



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  • NKR
    02-15 04:15 PM
    Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
    When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.

    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.





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  • bajrangbali
    05-29 12:10 AM
    Thank you for all your contributions all these years on H1B and all the social security and medicare taxes you have paid. Now please move on and let the natives take ur place or let the newbies take ur place before you complete your 10yrs and get a GC and stand in line for retirement benefits in future.

    So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..

    20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...

    I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
    Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..

    Those of us who are entrepreneurs think seriously about taking the business offshore...

    leverage people...gotta have some leverage...



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  • pa_arora
    07-26 04:28 PM
    meekdesi, my friend... I also grew up in Delhi and in the same places what u listed...dont ask for what ur country did for u ...tell me what u did for ur country?? I am pretty sure u don't have an answer and if u do ur making false assertions.

    u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.





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  • gc_chahiye
    06-27 10:42 PM
    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.

    nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...



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  • sidbee
    06-17 02:17 PM
    I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.

    Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.

    Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.

    Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.

    I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.

    Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.





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  • gimme_GC2006
    05-03 09:12 AM
    as long as puppet Mannu and ring mistress sonia are in New delhi, Indian govt will do nothing...I dont support LTTE at any cost but condemn civilian killing.
    :mad:



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  • n2b
    09-23 06:15 PM
    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
    did i wake up in a fools paradise...:eek:

    Yes, you did wake up in fools paradise!!! And the first thing you did was saw yourself in the mirror!!! :p





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  • proengineer
    10-15 02:59 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.



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  • jkays94
    07-11 10:25 PM
    jazz and others did u give ur ielts..if so where???

    is it reqd ?

    can i submit a 8 yr old copy of my toefl instead?

    You may want to write an english proficiency letter detailing the four aspects that they seek, ie reading, speaking, writing and listening.





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  • gc_chahiye
    06-28 05:08 PM
    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.

    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.



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  • transpass
    03-27 03:56 PM
    I was going through all the posts and I am surprised that there is no mention of Jayaprakash Narayan.

    Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to www.loksatta.org to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University

    http://www.youtube.com/watch?v=t4xFCdOYTv4

    Yes, I heard about this guy...Hopefully he gets a chance to do some good...





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  • BharatPremi
    09-25 07:13 PM
    Here is the snippet from [url]then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.

    "MAY BE made" is not equal to "ARE made"





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  • lordoftherings
    07-12 11:39 AM
    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

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    hopfully_gc
    07-24 02:23 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?





    kondur_007
    07-22 02:20 PM
    for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way

    Yes, that is a wishful thinking.

    The issue for EB3 is this:
    There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
    It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).

    If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).

    If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).

    Good luck to everyone...



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