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  • cool_guy_onnet1
    02-21 10:31 AM
    From ,
    1. In Fy08, there were 189 EB2 India approvals.
    2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
    3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.

    Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.

    C'mon be realistic.

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  • sugaur
    08-21 11:01 PM
    Have the chubby guy u take care of contact the local congressman/senator/newspaper and tell them a sob story about how no one will take care of him except you and maybe you will get lucky.
    One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D

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  • november
    09-10 04:37 PM

    Hope HR-5882 pass through Full House committee,House ,Senate , the whole 9 yards.

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  • go_guy123
    05-26 07:38 PM
    I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
    Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
    "I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..

    I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
    Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
    Well I am gonna get more reds.. but I dun care. are the man....or woman (i dont know). every line is true.


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  • coolgc
    07-12 04:22 PM
    Hope, they move further in next month's bulletin.

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  • Googler
    02-20 02:54 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) ( dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.


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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.

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  • desi3933
    01-30 02:54 PM

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.

    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.


    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    Not a legal advice.
    US Citizen of Indian Origin


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  • Jaime
    09-10 02:54 PM
    People are unjustly attacking your reputation - With the recent trend of attacking the H1-B visa program in regards to some consultancies exploiting it, every one of us is hurt. Even if that's the fault of just some employers, we, all of the employees of whichever company (not just consultancies) are affected, because the general public starts putting us on a par with illegals as far as lowering the country's overall quality of life, when we in fact enhance it!

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  • coopheal
    11-11 08:32 AM
    If we are in sinking boat then lets sink rather than try to survive.

    Guy is telling lets try to survive. Lets try.... Its far from success but towards it.

    IV Core any updates?


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  • GCplease
    03-04 09:26 AM
    I am with Singhsa on this.

    Recapture of un-used visas alone can make a huge difference.

    Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.

    Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
    This will not completely remove the housing crisis, but it will definitely ease it a little bit.

    Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.

    My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.

    We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.

    We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.

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  • somegchuh
    03-15 08:51 PM
    I have been waiting for my GC on purpose. I really wanted it to take 6 years.
    I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.

    On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.

    We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.

    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?


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  • msyedy
    06-12 04:58 PM
    Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...

    I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.

    Our job is to get backlog relief.. How we do it is the question....

    If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
    However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
    CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.

    My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
    And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.

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  • apt29
    12-23 04:14 PM
    Lawsuit on Visa Bulletin, Adjustment of Status | Legal Action Center (


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  • h1techSlave
    03-22 10:42 AM
    I have noticed that the % prior to Jan 2004 is a whopping 44.06. I have a bad feeling that this group (prior to Jan 2004) is growing. :eek:

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  • SunnySurya
    07-28 05:32 PM
    Of course these are related to immigration, let me tell you how:
    Picture of lord Ganesha will make more beer sell. More beer will have two consequences one employment level will increase plus people will be more energized drinking these beers. So in both cases it will increase the well being of Indians.
    So this means, Manamohan Singh and other MPs will drink these beers a whole lot and sign the Nuclear deal. Once the nuclear deal is signed more elctricity will be generated and hence more beer.
    That will increase the the well being of Indians further.
    Once a certain level of standard of living is reached no one would want to come to the USA
    If no one wants to come to the USA , naturally the green card line will become short.
    If the green card line is shortned then...
    EB2/EB3 for India will become current...
    :DMy Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)


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  • askreddy
    06-25 05:31 AM
    Hi NJ members,

    Iam joined yesterday this forum.

    My PD is 9/2003 and EB3.

    Iam having issue with birth certificate.Can any one from india pls send me non availability and affidavits you have. you can erase your imp details. i just want the format.

    thanks in advance....

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  • webm
    07-11 01:38 PM
    again no one can explain the ridiculous date movements by there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

    It's true..even PD,processing times current scenario also..AOS approval rate was very it happenend for me 2 months May,June being current EB3-I nothing happened..:(

    Crazy CIS and its policies..:mad:

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  • sidbee
    12-17 03:21 PM
    My labor is filed in EB3 , and i am awaiting Certification.
    My PD is Nov 2007.

    I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.

    Any hopes??

    07-15 02:30 PM
    I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
    I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
    I plan to speak with a competent attorney once I know for sure the 140 revocation history.
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?

    12-27 09:02 AM
    My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..