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Sunday, June 26, 2011

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  • boreal
    10-26 01:51 AM
    I have to post here to get attention though I know this is not the thread ..I don't know why people are not talking about this ..there is a possibility that there may be a lame duck session for second stimulus bill ..maybe we can push for small recapture bill ..please comment and let us get IV core's attention..I can access IV only during evenings and morning ...so someone please think about this and push for this
    -------------------------
    does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.

    eternal optimists, arent we? :-)





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  • vkrishn
    07-13 06:57 PM
    I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?





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  • spicy_guy
    07-28 11:36 AM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!

    Cool. Hard to find such Desi companies.





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  • perm2gc
    02-01 02:50 AM
    please add sulekha.com
    forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...

    All i need is the forums which have more members with more activity.I will spend sometime to join them and post.



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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • days_go_by
    11-07 07:55 PM
    Hello NJ members,
    Please introduce yourself here.
    I am a volunteer for IV, I live in Newport, Jersey City.
    I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
    Regards,
    dgb.



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  • prioritydate
    12-20 04:30 PM
    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?

    I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?





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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • ashkam
    07-28 12:14 PM
    What's with all the fundies crawling out of the woodwork?

    By the way, dear fundies, if you are so against the First Amendment (freedom of speech), why are you in this country applying for a green card anyways? Because, you know, the First Amendment is kind of a big deal here.



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  • kanaihya
    09-26 10:03 AM
    Just Sent an email to the CNN editor ..to educate himslef/ his staff regarding the rally.
    thanks





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  • singhsa3
    03-04 10:21 AM
    Same letter sent to wall street journal and left a voicemail for one of the reporters.
    Except the opening said:
    We don�t claim that my proposition here will make the housing crisis go away or bring the economy out of recession. What I am proposing in this letter is to think out of box and let us make our share of contribution to the economy.



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  • StarSun
    03-16 07:12 PM
    VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......

    VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.





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  • eb3India
    07-01 10:26 PM
    Hi guys techmia just created his ID and he must be from other side of the aile who just want see us as failure, please ignore these post and keep faith, remeber always we are legal and we follow law, this land is suppose to be land of law and no one is above it. if there is in justicse IV should fight with out fear, our strength is in our integrity and faith that we did;nt anything wrong and we should not be afraid of anything



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  • Nikith77
    03-12 09:10 AM
    Kumar1, Well said....





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  • singhsa3
    02-21 02:41 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)
    I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

    Column 1: PD
    Column 2: Nbr. Of EB2 India pending from
    Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
    Column 4: Cumulative EB2 India pending

    2000-01 0 - -
    2000-03 0 - -
    2000-04 1 15 15
    2000-06 1 15 30
    2000-08 0 - 30
    2000-11 1 15 44
    2000-12 0 - 44
    2001-01 0 - 44
    2001-03 1 15 59
    2001-04 3 44 104
    2001-05 2 30 133
    2001-06 6 89 222
    2001-07 3 44 267
    2001-08 1 15 281
    2001-09 1 15 296
    2001-10 6 89 385
    2001-11 2 30 415
    2001-12 2 30 444
    2002-01 5 74 519
    2002-02 4 59 578
    2002-03 1 15 593
    2002-04 3 44 637
    2002-05 11 163 800
    2002-06 7 104 904
    2002-07 5 74 978
    2002-08 5 74 1,052
    2002-09 5 74 1,126
    2002-10 14 207 1,333
    2002-11 16 237 1,570
    2002-12 11 163 1,733
    2003-01 13 193 1,926
    2003-02 12 178 2,104
    2003-03 20 296 2,400
    2003-04 13 193 2,593
    2003-05 16 237 2,830
    2003-06 17 252 3,081
    2003-07 22 326 3,407
    2003-08 18 267 3,674
    2003-09 18 267 3,941
    2003-10 29 430 4,370
    2003-11 17 252 4,622
    2003-12 18 267 4,889
    Total 330 4,889



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  • ganguteli
    02-03 03:04 PM
    Start from home first. Get the support of your wife to come with you to DC.
    Then talk to your collegues in your company and get them to come with you. Before you strat creating divisions in IV and start a flame war with ROW, try to do those things first. That should tell you how difficult it is to get a 2 line bill.





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  • Abhinaym
    09-10 10:50 AM
    How many posts are required to access chat feature?

    50, it said on the log in screen.





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  • virald
    07-18 12:40 AM
    This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?

    I don't know, I am trying to figure that out too.





    kumarc123
    10-15 07:23 PM
    To all my IV Members,


    I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.



    1. Will put pressure on congress to honor the high immigrant bill in duck session.
    2. We will get attention and the next upcoming president will know, we are hurting.


    Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.

    We have been passive for long now, lets be activist.


    Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.


    Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
    Please lets not waste any more time in discussion, or questioning each others intentions.





    SunnySurya
    07-28 12:08 PM
    In my case, you are the Judge , Jury and the excutioner.
    In your case, it will be the government and legal system of the USA and actually there is law preventing such things. So I was not kidding.

    The transcripts on this thread will serve as a record, if need be..

    And what about giving your IP address to authorities because you incited my religious feelings?



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