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  • chanduv23
    08-05 11:34 PM
    Why has AILA not yet filed a class action lawsuit? Why have no lawyers filed a lawsuit on behalf of the entire community?
    Let us ask thiis question to all our lawyers and ask them to communicate to AILA? Speeding up namechecks will truly help immigrants and will annony employers who want to keep us waiting as long as possible.

    This is an open question to all lawyers reading this post. If you can file such a lawsuit, it will be a big help to this community and you will prove to us that you truely care for our cause.

    U kidding??? Very few lawyers go out of the way to do something to further our cause.





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  • helpisontheway
    01-07 10:20 AM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.
    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.


    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!





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  • brahmam
    09-24 11:12 PM
    Hey Bharatpremi, taking your numbers and assuming horizontal spill over instead of vertical would make eb2 all over current. total spill over from eb1 = 53807, total eb2 quota = 40040, pending eb2 = 74932
    assume eb1 demand = 5000, eb2 demand = 20000

    we can easily see eb2 getting completely approved.





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  • kumhyd2
    07-12 09:17 AM
    How would it be to forward the media coverage links to all the attorneys so that they are aware of what is happening and also provide some kind of support or atleast get associated with IV. Also some members may take the initiative of posting these links to thier blogs so that every one will get to know about the IV through others blogs.



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  • Honda
    09-24 10:47 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.


    Excellent Analysis.





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  • Hunter
    05-10 01:27 AM
    Hunter, Mind your own business. What is your point.
    1. We all agree there are loopholes in each and every system. Are you trying to fill 1% by punishing 99% of the people. If you want to fix loopholes this is not the right place to be. Go to the court and fight with the adminstration. Why the hell you are wasting your time.
    2. Considering you are a anti-immigrant, and you want to fix the system. Are you targeting Employment based immigrants or family based immigrants. Employement based immigrants are just 17% of the total immigrants whereas family based immigrants are more than 50+ %. better target them. Don't waste your time since you won't get anything as everybody over here are working and US employers want them.
    3. If you are unemployed, please spend your time in findiing a job. The minimum salary in US is around 8 dollars a hour so you have wasted your entire day. close to 100 dollars. You have not earned a thing by writing your thoughts in this forum.
    4. Senator Grassley and Durbin are working on your side and they also like you don't want a google, yahoo, ebay and other firms to suceed iin US. Be prepare to immigrate to some other country in future.

    I hope you get back to your work and THANKS FOR YOUR COMMENTS. ENOUGH.

    J Thomas
    Hey J(erk) Thomas,
    Shove your condescending advise to where the sun never shines. It is NONE of your BUSINESS to tell me or anyone what they should be doing. No wonder average americans have started hating people like you and want to drive you out of the country.

    If you think that you can fool everyone all the time, you are sadly mistaken. Even by DOL estimates, there is 20% fraud with H1. The real figure could be a lot higher than that

    I am not the only one expressing these opinions in this forum, as I can see, "TN Man" has suggested pretty much the same here. There is no point in trying to close your eyes to reality.

    Senator Grassley and Durbin wants Google and Yahoo to succeed in US. But they don't want Indian cyber-koolies like the body shops and TCS/INFY/Wipro to steal american jobs under the guise of globalization.

    For all the geniuses out here, how many companies like Google or Microsoft or yahoo came out of India in the last 20 years? Yeah, that is what I thought too.. BIG ZERO. But if you read J(erk) Thomas' response, one would have thought that India is full of competitors for Microsoft and Google today :D :D :D



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  • esivaa
    01-03 10:39 AM
    Hi,


    My wife attented interview on dec14th at Chennai counslate.
    She did not receive the passport yet.





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  • rajmen
    09-15 01:28 PM
    Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...

    jazz

    Can someone please post the steps to open an SR and get an Infopass? I may have a biometrics appointment coming up soon. Can they help with application status questions?

    TIA



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  • baburob2
    01-10 07:17 PM
    also very recently a new bill has been drafted. but i don't have more info. A gist of it is:

    Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.

    For more details look at the below url
    http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt





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  • l1fraud
    06-10 12:09 AM
    I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).

    BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.



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  • h1techSlave
    04-23 06:52 PM
    In Grassley's home page there is an article captioned "Grassley Works to Eliminate Fraud and Abuse from H-1B Visa Program". http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=20327

    There is a very easy but effective method to stop H1B abuses. Just make EB based immigration an integral part of the H1B visa. Meaning, as soon as the employee starts to work on H1B for any employer the below two things should happen:

    1. H1B should like an EAD. As soon as your H1B gets approved thru one employer, then the employee should be able to take that same H1B visa and work for another employee in a similar role.
    2. The employee's GC clock should start as soon as the H1B starts. After 5 years into H1B with any employer, the GC should come in the mail, with out any additional processing or application required by anybody.

    Implement these above things, then H1B abuse will be a thing of the past.





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  • anilkumar0902
    08-15 12:21 PM
    hi Guys
    Some one please tell me how to open an SR.. the number on the reciept is 800-375-5283

    MY priority date is Feb 2005 (EB2 India) and Notice date is Sep, 04, 2007

    The other day I took infopass but it was useless.. Any help in how to open an SR is highly appreciated guys

    thanks

    After hearing your case details on the automated system..you will have to Press 3 and then you can do it yourself. Explain to the customer service rep that your case is outside of normal processing times..etc. Keep us posted what happened.

    Try it .All the best.

    My PD is Oct 2005 (EB2-I) and i am also waiting .

    Cheers



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  • gc_on_demand
    03-31 12:24 PM
    Visa allocation chief mentioned in AILA comment that USCIS knows visa usage pattern. Which means that they know pending I 140 for EB1 in pipeline and they also know that average time to get approve new I 140 is X months ( 4 months ) so they know if person files in May 2011 chances are rare that he/she can get GC from 2011 quota.I am not saying is that applicant can't get it but when u look at I 485 complexity and add scrutinity on EB1 I 140 its more than 4 months to get GC from start to finish without any RFE.

    That is why they are so confident to release quota now. which may bring date so much forward so that can attract new cases and move back dates to certain point in time. Specially this is how DOS does for all family based CP cases. When they think they have 10k visas coming they move dates to cover 15k out of which 12k may reply on time and they always have control to retrogress dates if they run out of visas.

    Big question is how far they want to go and get new cases. If they don't go upto Mid 2008 in next 1 year , Eb2 will loose some visas to EB3 and dates for EB2 will be "C" , if they go with some calculated guess and usage pattern + buffer they should go well into early 2009 with in next 1 year.





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  • desi3933
    08-08 10:36 AM
    Here's a very good recent example

    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic

    Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.

    It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.

    And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.

    Good luck once more

    Good post!

    Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.


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  • svkrishna
    01-31 02:05 AM
    We had our interview on January 17th in chennai Consulate. Interview was smooth - which company.. how long you were working for the company and what do you do there.. these were the questions. We were told at the end that we will receive passports within a week.

    So far We ( H1B extension -- 3rd time and my wife - H4( 2nd Time), have not received the passports. I already postponed our date of travel to Feb 5th. Looks like I have to postpone again.

    Frustated..
    Calling VFS daily to hear the same news.. Passports not been handed over VFS. The VISA is still under process.

    Called Consulate Twice ... they say they are doing security checks..

    for how long???

    Vamsi





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  • neelu
    10-12 07:42 PM
    Thank you, FatJoe, for sharing your experience.

    Would you mind sharing which state you reside in? I am wondering if anyone contacted Maryland senators/congressmen.

    Neelu:
    My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
    This is what I did. I did not get GC yet though, but got to know where I'm at.
    1. Contacated NCS numerous times and raised two SRs.
    2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
    3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
    4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
    5. You might consider contacting Janet Napolitino as well.

    All the best.



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  • uumapathi
    01-25 11:04 AM
    I recently had to apply for a UK transit visa and the process went smooth as ever. I had to answer a lot of questions for both my wife and myself but after I have done that the process was easy. We just had to show up for finger printing just like for our 485s, send all the necessary documents to the correct address by (reliable) mail and just got emails that our visas have been approved. I have flown with BA before and their service is far better than any other airlines I have flown with before.





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  • PlainSpeak
    03-29 05:29 PM
    Thanks to IV for getting this done

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  • rose2652
    02-21 03:04 PM
    Can someone please help me with this? I am worried to the core!

    thanks
    --Rose.
    I have a couple of very urgent questions that I want to check with you folks:

    I am currently in the US on L1 Individual visa - my current visa is expiring on the 10th of March. My employer filed for a fresh L1 Blanket Visa instead of doing an extension because I have to be in India for a few days in March anyway. My visa interview is on the 11th of March.

    My first question is: Is this alright? Am I going to have any problems because I did not extend my visa and applied for a fresh one instead? I have just been in the US for 5 months in my current visa.

    Second question is related to PIMS:
    I have had 3 L1 visas till date - first one was stamped in 2003. Second in 2005 and my current one in 2006. I have never overstayed and I was out of the US for 13 months before I came on my current visa in Oct 2007.
    Will I face any delays due to PIMS when I go for stamping on Mar 11? I plan to be back and rejoin work on the 18th of March.

    Is PIMS delaying folks only in case of L1/H1 extensions? Looking forward to your help and guidance. Thanks a lot.

    --Rose





    hpandey
    06-15 10:14 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .





    ramus
    06-29 04:45 PM
    wonder what would have made them change the dates? They even haven't seen any application yet?



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