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  • PlainSpeak
    01-14 01:18 PM
    .
    My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone

    Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask





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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)





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  • fairman
    08-18 09:50 PM
    What if you have no profile. I mean if somebody is not even in GC line, he/she can't even post in these forums? What kind of lunatic logic is that?

    Please put a profile.



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  • unseenguy
    08-16 02:35 PM
    So what has that to do with supporting SRK here?
    He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.

    That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!

    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?





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  • mnkaushik
    09-17 09:47 AM
    I know that many applied on March 05 just the week before Perm was going to start through the normal process and not RIR. I remember there was a way that they could abandon that application and apply thorugh the PERM process but keep their date. I know a friend of mine who did it. All these numbers suggested above makes sense only after we pass March 05.



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  • saiimmi
    02-13 09:15 PM
    Folks!

    Sorry for the clich� "United we stand divided we fall". Let us be careful and have meaningful dialogue especially when we take up contentious issues that might pit one member against another. IV stands for improving EB based immigration for all irrespective of the country of birth. Please note that there are several outside folks vying to split the group and we do not need to do it internally. I feel that this discussion has come up at misopportune time. Just recall the same kind of discussion that came from folks that had missed the July fiasco last year.

    Let us not forget our "primary" goals and harp on minor irritants.

    Yet another EB3 India Guy !





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  • sameer2730
    06-16 02:14 PM
    Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.



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  • vdlrao
    07-21 05:46 PM
    vdlrao,
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?

    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.





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  • sivasiva
    03-26 10:06 AM
    gururs,

    Is it possible to substitute labor as future employee?

    Thanks



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  • _TrueFacts
    09-04 01:53 PM
    "_TrueFacts". You are entitled to your opinion and I'm entitled to mine.

    .

    breddy2000,

    you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.

    As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.





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  • humdesi
    11-09 11:07 AM
    Found an interesting thread on this topic in immigrationportal. The post below is by vm_gc who got his GC recently:

    Hi qwerty1111,

    I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.

    I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).

    And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.

    And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.

    You tell me what is fair in this country, when it comes to immigration process.

    Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.

    I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
    __________________
    Sub Labor PD: 8/21/2002, EB2, India
    I-140 : RD 09/22/2005, AD 03/01/2006
    I-485: RD 09/22/2005, AD 11/07/2006
    05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
    09/14/06: received updated I-140 approval notice with correct PD.
    Finger Prints/Name check - cleared (according to USCIS letter)



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  • alterego
    10-07 04:40 PM
    Sachug22,

    I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
    Your with quarterly spillover numbers are probably closer.
    Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.





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  • angelfire76
    05-31 06:03 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.

    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.



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  • StillonH1B
    03-27 03:42 PM
    I was going through all the posts and I am surprised that there is no mention of Jayaprakash Narayan.

    Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to www.loksatta.org to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University

    http://www.youtube.com/watch?v=t4xFCdOYTv4





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  • test101
    07-04 10:33 AM
    I have more emial addresses if you want them.....

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  • amar123
    07-03 11:49 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!





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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.





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  • desi3933
    07-29 12:28 PM
    ....
    ....
    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
    ....
    ....


    I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.

    __________________
    Not a legal advice.





    diptam
    02-13 09:05 AM
    Nothing to demean you Hopeful GC or any particular individual but this so called community that we are dealing with has none of the above characteristics to go for a CA Lawsuit... The coward and sleeping community wants everyone else to do or facilitate things for themselves. I had first hand experience during SEP 18th rally about the spines , guts , nerves and overall heart of this community when i approached educated ,well-informed ,highskilled peoples for attending the rally and what reply i got. Some of them even had the audacity to call up my family and tell bad things about me ( just because i requested them to wake up for a Rally for THEMSELVES )

    CA Lawsuit with Cowards , selfish , heartless - never ever possible...:mad: But i appreciate and support your idea on a Personal level and willing to put a money contribution if the lawyer finds a prospective ground of but we have to bite and swallow the hard reality , you know :(

    Clear up your mind for a little while and consider this:
    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK. The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get ..........

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE! We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.





    H1BinNY
    07-04 09:37 AM
    I am not part of this mess but here is my 2 cents contribution. NBC reporter

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    Monica Morales

    Her email is

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