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  • imh1b
    11-12 03:21 PM
    To the original poster of this thread: Why don't you go to court first.

    I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.





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  • good idea
    09-09 03:58 PM
    I would like to see all EB3 AS DONORS.
    I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
    (as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?





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  • sbay2006
    07-27 07:33 AM
    Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.

    Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...





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  • alterego
    07-04 08:31 PM
    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.


    Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

    This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
    If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

    Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.



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  • gbof
    01-17 11:02 AM
    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.

    Read the post well before concluding and offer prayers





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  • kaisersose
    02-20 05:31 PM
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.

    One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .

    That would be 6.67% Which is close to the results of your calculations.



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  • kumar1
    12-12 01:46 PM
    addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.

    America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!

    Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.

    Once again, only grown ups are requested to reply. Thank you.


    Kavita,

    There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

    Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.





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  • ramus
    07-02 08:16 PM
    Sashi,

    Thank you.. Please ask other members to contribute... put post in main thred on home page...


    Confirmation Number: 34850160M9463882Y.

    Thanks and keep up the good work - Sashi



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  • makemygc
    07-16 06:07 PM
    This is utter nonsense!!!

    Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!

    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..





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  • slowwin
    07-23 07:56 AM
    now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:



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  • yetanotherguyinline
    05-14 12:39 AM
    Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.


    I am in part time MBA program in UCB and many of my classmates with EAD/AP are getting FAFSA benefits. I am also applying for it next year...





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  • kiran24
    06-10 04:05 PM
    sent it.



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  • desperatedesi
    07-23 08:18 PM
    Hi,

    I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.

    Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:

    Please can someone say with authority whether it is needed or not needed?

    Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.





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  • praveen123
    08-29 04:06 PM
    [quote=sweet_jungle]

    What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.

    How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.

    To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.

    -the116
    There is nothing wrong if you get trained as a fresher and get into consulting but i don't think its not the same way TCS, WIPRO, Satyam and Infosys etc..is doing. Those companies take you as fresher and they train u very well and you get the freedom of learning. Its like team learning.You need not to worry to say that you are a fresher. They also pay very less salary charging less billing with clients compared to the open market. But being a fresher in USA , getting trained , getting into a project , all these are individual hardwork and ofcourse more money.Once you are on client side you may not have much support as Satyam, TCS, WIPRO guys has. you can not say that u r a fresher and client expectation would be more since they pay high billing .



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  • eeezzz
    02-15 02:57 PM
    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
    I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
    Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
    Who determine the best jobs are? and who determine the best people are?
    The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
    Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
    State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.

    Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.

    I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.





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  • EkAurAaya
    07-16 07:38 PM
    I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.



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  • abhishek101
    12-26 04:06 PM
    You have pretty much written my hit list. I could not have put it in better words.

    Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.

    But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.

    there are two ways out of it:

    1. Support legislative action for getting GC faster, for that support IV.
    2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.





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  • nonimmi
    03-07 04:11 PM
    If AOS takes 3-4 years (read long time) USCIS will issue RFE (for EVL) anyway to re-confirm job offer - even if we dont use AC21 and change employer. That is standard procedure. So sending them employer change notification is not going to help us anyway. And if we change job multiple time during this 3-4 years sending them letters everytime may cause more RFE. But it is always better to have EVL with us if we change employer using AC21 and send them when asked.





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  • chmur
    03-17 05:35 PM
    The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.

    Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....

    I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.


    I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007





    Macaca
    01-28 11:53 AM
    I have come to this country in 1999 on F1 and have been working and paying takes since 2001.


    Being on F(**k me) 1 is a triple whamy. Others are complaining about 6 years of H1B @ 50K+/year. Compare it with

    1. 6+ years on F1 @ 10K/year.

    2. 6- years on H1B @ 50K/year.

    3. Jackshit (= rats ass) in SKILL bill for US degreeS.





    gveerab
    07-03 11:10 PM
    Hi Ramus,

    I am not posting this message to offend any body's feelings, please don't take it personally. AILA is saying anyone can participate in the LAWSUIT without paying any money, but IV is saying it's an expensive thing and we need to start new funding drive. It's not clear to me and I believe if we start thread with more information more people would have convinced and contributed.

    I agree, we need money to maintain the website. if that is the case please mention that clearly. We need to maintain this website to keep our activities , no question about that.

    I have been observing from last couple of months any new issue is ending up with fund drive, but no update after that what happened. May be I am wrong, but as an observer this is my openion. Hope you guys will take this as positive comment and respond with more details. I don't have any doubt on the core team capabilities and scincearity.

    In ths home page clearly mentioned that contribute for lawsuit. Without taking it personally can you please provide the details of how much money we might need and how we are going to spend this money?


    Thanks
    Veera
    $20 per month $150 on time contributions