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  • new2gc
    06-10 04:23 PM
    done.. and fwd to other friends as well.





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  • andy garcia
    01-26 09:40 AM
    I had trouble sifting through all that data and figuring out what that was all about.
    Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.

    Thanks....

    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy





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  • jonty_11
    06-30 11:47 PM
    Thx IV for workingon yet another pressing issue..

    Continue the good work! v r with u!!





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  • tikka
    08-05 08:33 PM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th
    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 12:00pm

    ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION

    Thank you!



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  • coolmanasip
    03-07 10:43 AM
    Yates Memo clearly says that ability to pay should not be a factor.....read below......

    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.





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  • solaris27
    07-12 08:33 AM
    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.



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  • malaGCPahije
    03-17 04:21 PM
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

    The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?





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  • minimalist
    04-03 12:41 PM
    tying GC to housing initiative. You say there are things that can be done without money. Then, when I requested you to outline each step on how to approach, gather people and take it forward, you vanished and you sprout here again.

    COntributing or not contributing money is your prerogative. If you don't see merit in something you do not have to contribute. But if you feel something can be done, just don't expect someone else to execute that idea. YOU have to take ownership.

    There was a good explanation given on why it needs 10,000. EVeryone knows USCIS asked 5000. That would probably take 2 years time as there are 20,000 requests in queue before this one. Given that fact, they had some ideas to see if they can get a faster response time following a different path. They estimated it would cost about 5000 more.
    People who trust them (in terms of their ability and honesty), contributed. If you do not trust them, that is fair enough. But they earned the trust of so many people who are willing to contribute. Believe me, none of the people who contributed have done so after careful deliberation.

    Well, even for this initiative, you are welcome to outline steps and then am sure many of the IV members will join you.


    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?



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  • reddymjm
    06-03 07:15 AM
    I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
    This year I applied for H1-B and my application got selected in lottery
    Need your help in clearing my below doubts..

    1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

    You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
    Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
    Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
    Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
    Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

    I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
    Find more details about Aytes memorandum
    2) Is it OK to go for VISA staming before 6-Jan-08?
    You can get it stamped.

    3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
    Looks like nothing needed. u can come in asap.





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  • GCKaMaara
    04-08 09:28 AM
    I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.

    IOs do call. Happened once in my company itself last month. But everything else was smooth after IOs call. The guy didn't have letter from my company about current job / employment.



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  • uma_vishi
    02-24 12:10 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.





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  • boreal
    04-20 09:36 PM
    Hi Puneet and Krishna, thanks for calling me. I will be joining you guys tomorrow and meet u up at Wal-mart around 3:30



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  • .soulty
    03-09 11:28 PM
    dope renders so far.. on march 10 when he have the entries we will set up a poll.. keep them coming. oh btw.. when you provide the final render, need to provide the wireframe aswell ;)





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  • gc_on_demand
    03-30 03:29 PM
    Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.

    Sri1309

    illegals are pushing for what ? Didn't you read CIR will be later this year not in April or May ? Any piecemeal immi bill will not make through committe , as CHC wants CIR 2009. We can do add amendment for recapture in CIR 2009 or just 2-3 months before when actul movement for CIR starts. You can send faxes or letters to Lawmakers but no bill will be on table so they will just put ur faxes on side .. wouldn't it better to start aggressive campaign when something is cooking.



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  • signifer123
    02-15 08:44 AM
    Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't





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  • stucklabor
    07-24 02:15 PM
    JCmenon,

    No offense taken.

    But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.

    And it is sad that you think that voicing your opinion will get you banned from the IV site.



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  • mjdup
    01-17 03:49 PM
    $50/mo..
    ---------------------------------------------
    Subscription Payment Sent (ID #96M81233JP7721621)
    In reference to:S-54A18250GT703020K

    Original Transaction
    Date Type Status Details Amount
    Jan. 17, 2007 Payment To Immigration Voice Completed ... -$50.00 USD





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  • unitednations
    12-22 02:42 PM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I do know a decent number of people who were on bench for a year or more.

    the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.

    usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.

    Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.





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  • GooblyWoobly
    01-18 12:53 AM
    xyzgc. I agree with your risk assessment personally. However, the risk aversion threshold is an individual thing. Some people never drive on the fast lane, and some people jump off a cliff tied to a rope. So, IMHO, it's unfair to say something is stupid and foolish. It's just that somebody might just like to live a little more dangerously than you are (and reap more benefits if things go well).

    IMHO, what is stupid is doing something and not knowing/understanding the risk. :rolleyes:





    amitjoey
    02-14 11:33 AM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.


    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.





    pappu
    07-01 10:23 PM
    QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
    USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
    This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
    Please be sure to include a copy of the following with this questionnaire:
    • Completed I-485 as submitted to USCIS, and any cover letter sent with it;
    • Evidence of method and date of mailing (USPS, Fed Ex, etc)
    • A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
    • USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
    Date questionnaire is completed:
    Completed by:
    Attorney Contact Information:
    Name
    Email
    Firm
    Address
    Telephone
    Fax
    Adjustment Applicant Information:
    Name
    Address
    Phone
    Email
    Nationality or citizenship
    Adjustment Application Filing Information:
    Date adjustment application was submitted to USCIS and method of submission:
    Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
    What was the employment-based immigrant category under which the adjustment application applied?
    USCIS rejection of the adjustment application:
    Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
    If yes, please explain in detail:
    Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
    2
    Harm to adjustment applicant:
    Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
    Please return this form and documents by email or fax to:
    visabulletin@ailf.org
    or fax (202) 742-5619 attn. AILF LAC