
for_gc
10-25 06:21 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
wallpaper Washington Crossing the

delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers

rustum
08-29 12:01 PM
Hi,
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
2011 Washington Crossing Historic
rangaswamy
07-06 05:18 PM
i think this walk should be postponed out to atleast a week or two away.
Firstly i live in Santa clara myself and i had no clue about this till now (less than 24 hours away)
If we organize this the right way you can get atleast a few hundreds of people.
Wait till July 10th, see if we get media coverage with the whole gandhigiri idea.
Organize this and publicize.. start email chains .. for example cisco/oracle etc have lots of H1bs.
hang placards with the number of years you have waited/you educational qualification/ SSN tax and other taxes paid...
make a single file.. and walk about 2 miles without any slogans.
get the media to cover this event appropriately.
Anand
Firstly i live in Santa clara myself and i had no clue about this till now (less than 24 hours away)
If we organize this the right way you can get atleast a few hundreds of people.
Wait till July 10th, see if we get media coverage with the whole gandhigiri idea.
Organize this and publicize.. start email chains .. for example cisco/oracle etc have lots of H1bs.
hang placards with the number of years you have waited/you educational qualification/ SSN tax and other taxes paid...
make a single file.. and walk about 2 miles without any slogans.
get the media to cover this event appropriately.
Anand
more...

ilikekilo
03-06 10:52 PM
And worst is the lottery...
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..

atlfp
05-02 11:14 AM
This seems to be a backup bill in case CIR fails. Let figure out someway to sink CIR then. :)
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
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TeddyKoochu
09-23 04:57 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.
Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.
2010 “Washington Crossing the

rkg000
07-20 02:45 PM
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
I think I am now quite clear about the cause of all our backlogs :D. You said it dude, people who see their issues resolved are less likely to contribute. I guess by the same argument it is safe to assume if EB3 were getting approved faster, they would be contributing even less, as are EB2 right now, right?
Whoever said EB3 is lagging behind because they are not contributing is a fool. We all are lagging behind because we all are not contributing enough. None of the IV efforts resulted in only faster EB2 movement. So it is foolish to think that IV contributions are going towards only clearing EB2 cases. IV efforts resulted in greater transparency for all of us. If we don't unite and keep bickering this way, you know where we all end up.
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
I think I am now quite clear about the cause of all our backlogs :D. You said it dude, people who see their issues resolved are less likely to contribute. I guess by the same argument it is safe to assume if EB3 were getting approved faster, they would be contributing even less, as are EB2 right now, right?
Whoever said EB3 is lagging behind because they are not contributing is a fool. We all are lagging behind because we all are not contributing enough. None of the IV efforts resulted in only faster EB2 movement. So it is foolish to think that IV contributions are going towards only clearing EB2 cases. IV efforts resulted in greater transparency for all of us. If we don't unite and keep bickering this way, you know where we all end up.
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rcr_bulk
09-10 12:28 PM
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
hair Geroge Washington Crossing

TheOmbudsman
10-25 10:51 AM
Hi,
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
more...

tampacoolie
07-08 12:57 PM
USCIS can't consume or approve more than 10% of annual limit which is 14,000 per quarter. However this is not applicable for last fiscal quarter. DOS intention is good to make the current in July so that no visa goes in vain. Evil USCIS woke up and approved in two weeks so that rest of the ppl can file next year with higher fees.
hot Washington Crossing the

nat23
10-30 10:37 AM
Gentlemen
I dont understand why are people trying to correct and change each others thinking & views. This is a public forum and people have the right to post their views. I had another gentleman try and correct me last week . I think it was some guy named "eb3India".
The kind of language people use is embarrasing. We are all professionals and there are some etiquettes we ought to stick with. Kindly refrain from using sarcastic language against each other.
If you dont like something ignore it . If you cant ignore it, kindly use proper language to ask the person why he thinks in a certain way. If you dont get an answer that person is not worth talking to.And dont be worried about others getting disheartened. We are all grown-ups & professionals.
Regards
Nat
I dont understand why are people trying to correct and change each others thinking & views. This is a public forum and people have the right to post their views. I had another gentleman try and correct me last week . I think it was some guy named "eb3India".
The kind of language people use is embarrasing. We are all professionals and there are some etiquettes we ought to stick with. Kindly refrain from using sarcastic language against each other.
If you dont like something ignore it . If you cant ignore it, kindly use proper language to ask the person why he thinks in a certain way. If you dont get an answer that person is not worth talking to.And dont be worried about others getting disheartened. We are all grown-ups & professionals.
Regards
Nat
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house George Washington

sats123
06-22 11:23 PM
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
tattoo George Washington crossing

zoooom
07-19 07:39 PM
Done
Also..How can we let other members know that a thread like this exists...
Also..How can we let other members know that a thread like this exists...
more...
pictures Crossing the Delaware

va_il
05-03 03:17 PM
Aren't H4 spouses considered as Immigrants ?
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
dresses George Washington Crosses the

mirage
03-08 04:23 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....Also you seems to be straying from the original intent of the thread...Very well written. I can tell you through my observations of living in this society for 35 years:
.
.
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makeup George Washington Crossing the

msp1976
03-10 06:28 AM
And yes in the 8 yrs I have been with my company I have got 3 promotions and am now a Manager. My companys immigration lawyer said thats ok. He just joked that when you get your green card just make sure you get tripple demotion to new role.
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
girlfriend while crossing the Delaware.

andycool
08-27 12:52 PM
Another case I can remember is andycool on this forum
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
hairstyles George Washington Crossing
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pitha
05-23 09:06 AM
I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.
zeta7
07-21 11:54 PM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
bebar
06-17 09:32 PM
I am waiting ..
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
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