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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





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  • nandakumar
    07-12 06:14 PM
    Like wise :rolleyes:

    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:





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  • rockstart
    03-14 11:34 AM
    EAD renewal delays will be on of the single issue on which I would defer AC-21 till I can find some one willing for an H1 transfer.





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  • reddymjm
    09-10 01:10 PM
    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.

    There are 34k pending EB3 I and C till 2007. As per the quarterly quota both I and C get 750 a quarter which should place EB2 I and C in pending status. Coming to the last quarter yes they can Put all Current. Its all USCIS anything can happen.



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  • karanp25
    07-14 06:34 PM
    That's possible too. Please share when you received this RFE?

    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.





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  • transpass
    04-09 10:20 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.

    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...



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  • thomachan72
    11-12 04:40 PM
    And the war begins....pretty soon the initial topic would be completely forgotten....





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  • rghangrekar
    02-20 04:05 PM
    Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...



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  • yabadaba
    01-18 03:35 PM
    http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf

    This will help you understand the law...you didnt have to answer the police officer.





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  • fcres
    07-24 05:08 PM
    Good for you!
    How he is going to send means waiting till RN or send without RN.
    Please confirm.

    I have RN, i'm a June filer



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  • arbhaat
    04-06 09:12 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!





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  • laksmi
    01-18 07:00 PM
    Even a Traffic police can ask for approve H1 copy along with Driver license.

    Thanks



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  • ajju
    02-20 03:51 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:


    Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...





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  • sanjaymk
    07-16 05:02 PM
    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.



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  • pappu
    06-14 01:13 PM
    http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf





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  • kpchal2
    07-18 10:01 AM
    what should we ask them for if we call, 'coz they might not have entered our file in their system yet.

    Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)



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  • amitjoey
    07-05 12:56 PM
    Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
    Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
    Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
    Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
    People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
    And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
    So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.

    Sorry, for posting in the wrong thread, just needed attention. And yes, I feel that it should be a paid website.





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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.





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  • hpandey
    01-18 12:34 PM
    What a stupid law. I have seen my couple of friends in the same situation too near the Canadian border where they were asked for their passports and they did not have them ( of course not !! ) . They were travelling to Vermont and never crossed the border .

    But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .

    This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...





    BharatPremi
    03-07 09:23 AM
    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..





    chris
    04-24 03:13 AM
    Congrats Googler.

    Did you see any LUD's before approval ?

    __ visa numbers will be deducted from quota :D ( fill in the blank please )


    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler