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Written By muthmmuuuaaanniish on Saturday, June 18, 2011 | 6:44 PM

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  • abc
    11-20 11:40 AM
    5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).

    I have decided to break this GC CHAKRAVYUHU.





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  • TeddyKoochu
    03-12 10:15 AM
    It's a classic case of "khoda pahaad, nikla chuha"...(dug a mountain, only to find a rat)...:D

    Friends I think we should stop digging till the last quarter. I believe finally then all the optimism, hopes and dreams will come true. Best of luck to all, since we have all waited for so long 3 months are not so far, I feel many of us have burnt ourselves waiting and speculating this bulletin. The disappointment is really understandable. Many in the group are looking to just file 485 to get EAD/AP; I don't know when our day will come.





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  • svr_76
    06-10 01:15 PM
    Our best bet is to partner with groups/org (hi-tech lobby) that have as members big firms that are impacted by this. This would give us a more directed approach on opposing.

    I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.

    As such EADs are not filed by employers and moreover are not Visa application.





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  • transpass
    07-28 07:12 PM
    beer != toilet seat.
    picture-of-Ganesha != picture-of-your-parents.

    Please dont sensationalize this and try to make it news when it is'nt.
    People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.

    Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.

    Well said...There is no reason to cling onto silly things...



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  • ncrtpMay2004
    09-09 02:13 PM
    You know it takes serious $$$ to get anything moving.
    Please consider $50/month level.





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  • JalwaeJana
    11-12 02:12 PM
    Guys

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.



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  • axp817
    01-30 01:51 PM
    Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.

    If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?





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  • god_bless_you
    12-13 11:46 AM
    I think you should write an e-mail to the core team to get their attention on this idea.

    Do you think no one from core team reading this thread??



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  • luvschocolates
    08-21 08:06 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.





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  • sheela
    10-16 07:14 PM
    It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.

    Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."

    I donot care but it simply tell some people are intelluctually bankrupt
    and use RED dots to block any healthy discussion on forum
    My suggestion: Come on and show your real worth rather than using red dots



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  • hoolahoous
    03-16 01:16 AM
    so if you have a 4-year degree you consider yourself "highly-skilled"??
    hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
    console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
    go get some real skills, do a REAL job, then we will talk.
    and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.

    Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......

    i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
    just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
    you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.





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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • srkamath
    07-04 03:16 PM
    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.


    Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......





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  • pappu
    08-03 08:56 AM
    Can we send e-mail to Lou Dobbs of CNN about SKIL BILL May be some time he will pickup this topic in his news----Just thaught...
    you can go ahead and send
    http://www.cnn.com/feedback/forms/form5.html?9



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  • grinch
    03-07 07:43 PM
    Aw darn!

    It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?





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  • smuggymba
    07-29 08:31 AM
    A sure invitation for defamation suit. Good luck.

    This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.



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  • nojoke
    10-20 06:34 PM
    I missed on some of the conversation here
    - '92-'00 was a good economic time because of the dot com boom.

    It happened because of Al Gore and policies of Clinton

    - the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.

    I thought they are in charge till 2006? So what got changed from 1992-2000 and from 2000-2006?
    - the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.

    This credit problem was caused by not only Fannie/Freddie but due to deregulation of banking and finance sector that started from Regan era. Republicans are so proud of deregulation.

    - the dems did that for their own purposes:
    1. to gain the support of the lower income/middle income population which they did.

    And for Bush to be proud of the ownership society that he bragged about in 2004.

    2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.

    Prove.

    3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.

    Not True. The employees of the firm gave to obama campaign. Companies are prohibited by law from giving donations. On the otherhand
    The New York Times has published a separate list looking at contributions from "directors, officers, and lobbyists for Fannie Mae and Freddie Mac" for the 2008 campaign cycle. That list � using figures from the Federal Election Commission � shows McCain receiving $169,000, while Obama received only $16,000.

    - the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).

    FOX news talking point. He meant tax the rich to give tax break for the middle class. If you are super rich then I understand your anger.
    Unregulated capitalism will cause serious trouble. We just found that out.
    [/QUOTE]

    - barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.

    It is leadership skills. Not the most experienced skill that is needed. He obviously has the skills since he defeated the great clintons.

    - look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).

    FOX news talking points. He said he will give tax cut for middle class. Moreover McCain's spending plan is will have a deficit of 1trillion compared to 750billion from obama's plan. Google.

    - he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)

    FOX news talking point again. No proof. McCain said economy fundamentally good then bad, he has a long list. I don't have time http://www.bi30.org/wordpress/flipflopper.htm

    I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.

    again be rational in your thinking.

    p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).





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  • paulavijit
    03-17 09:03 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • dixie
    08-03 07:39 PM
    PCS:

    Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.


    Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.





    iv_only_hope
    02-21 03:53 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?





    immigrant2007
    09-10 12:50 PM
    Thats what exactly I said

    http://immigrationvoice.org/forum/1984591-post28.html

    sorry brother..didn't see your post earlier...but that makes two os us thinking the same way.....I think we should ask for more transprecany from USCIS/DOs on numbers and approvals and all backdoors being closed.



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