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  • txh1b
    08-18 03:53 PM
    This thread is a drag and a waste of IV resources. I hope the admins lock this thread.





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  • ghouse1742
    03-30 06:03 PM
    We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!





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  • mchatrvd
    08-17 01:41 PM
    I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.





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  • sanju
    02-15 11:34 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.

    Thanks for an excellent research and arguments. Some of the arguments are well presented.

    Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.



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  • rahulpaper
    06-26 01:39 PM
    Read in the middle of the page....

    "Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"

    Hope this help

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument





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  • ramus
    06-27 09:37 PM
    "However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007".

    Does anybody know if they rejected all other worker's applocation who filed in June or rejected only who filed on or after June 5, 2007...





    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/



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  • coopheal
    02-12 04:43 PM
    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.





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  • Macaca
    07-04 01:01 PM
    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!

    Also, please look at all possible holes in my points. We need to be rock solid!



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  • whoever
    02-14 01:11 PM
    what are cir timelines. it seems march 15th is lobby day. i read from aila.org recent postings.





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  • chantu
    03-30 03:05 PM
    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.

    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?



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  • ajaypr
    06-24 01:24 PM
    Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...

    More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)

    This is what I received from a immigration lawyer ......

    LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM

    There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.

    The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.

    An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.

    In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.

    The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.

    Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.

    DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.

    In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.

    With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.

    The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.

    A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.

    Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.

    Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.

    These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.





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  • gbof
    09-15 11:06 AM
    month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
    June-08 4/1/2004 122 2 9 18 61 30
    July-08 4/1/2004 88 1 7 14 29 36
    August-08 6/1/2006 261 0 3 5 19 63 103 67
    Sept-08 8/1/2006 3 0 1 0 0 2

    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.



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  • krishmunn
    06-12 12:20 PM
    I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
    As is said -- illegals have a better chance to get GC then those trying to be legal.
    With such friends of prospecting immigrants you sure do not need an anti-immigrant.





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  • JazzByTheBay
    07-03 09:15 PM
    Were you kidding???? :)

    No, really.... ? :)

    Thanks for asking anyways. The "content" is covered by Creative Commons license. :)
    do you mind using what you wrote for emaling the media ?

    thanks.



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  • madhu345
    09-24 08:01 AM
    For me this proposal looks like, instead of fighting for a cause trying to en cashing from the US death row..lol

    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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  • samay
    07-14 06:49 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________

    Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.



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  • texanguy
    09-23 02:20 PM
    I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
    All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)

    i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.





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  • akred
    02-16 12:53 PM
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Delusional? Quite a few European countries spring to mind before this one.





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  • hiralal
    05-02 07:10 AM
    well that is because Israel is a developed (or better ) than India in many ways. one Indian politician had once told Pakistan ..we don't fight when people are killed ..we fight when our land is in danger ..apparently because there is no shortage of people.
    I have some sympathy for tamils in SL but not the LTTE ..one of my tamil friends had told me that tamils are treated as second class in SL ..that being said ..the demand of LTTE for a separate state or country (or greater Eelam) is totally unjustified ...
    once such a thing happens in SL ..it will then happen in India
    but I agree ..civilians should not be targetted ..(as said in the next post) ..if they are bombing hospitals then it is very bad. as for India's reaction .. THIS IS WHAT YOU GET WHEN U ELECT WEAK PRIME MINISTERS





    pappu
    07-03 10:24 AM
    Dear IV members,

    We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.

    The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.

    The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.

    You can post on this thread all your immigration questions.

    By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:

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    IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY FORUM POSTS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.





    gcfriend65
    06-28 09:14 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.

    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.



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