okuzmin
10-05 06:07 AM
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.
It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.
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coopheal
10-10 07:16 AM
I agree, the notion of fix our problem so that we housing problem is not a good approach.
Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.
While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.
Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.
While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.
msp1976
02-13 03:07 PM
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
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msp1976
02-18 10:12 PM
I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...
more...
dealsnet
09-03 11:37 PM
We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
Lasantha
12-14 02:48 PM
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
:cool:
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
more...
pappu
01-24 12:16 AM
not just 5 years,
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
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kumjay
06-27 04:30 PM
Columbus brought Rajiv Khanna and Sheela Murthy to create/interpret all the immigration rules for this new found land. When Columbus landed here, he declared all native americans as illegal premanent residents. All of them had to go through a change of status process (I-539) to become legal permament residents. Well.....native Indian did not have latestes or any pay stubs...so they had to go out of the country and re-enter to claim their legal status.....that's why they moved to South Dacota. That time South Dacota wasn't a part of USA......blah blah blah...
more...
chmur
02-13 12:18 AM
I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
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ita
04-20 02:27 PM
Guys,
Unlike here in U.S people in India don't seem to be aware of what's going on around them.
Please do whatever you can in educating whoever you think would understand you.
Media is not doing the job of carrying news to people , increasing awareness of people.
It's just serving certain elements .
Here's Modi's appeal to NRIs
http://www.youtube.com/watch?v=zvtTZ7B-2pM
Unlike here in U.S people in India don't seem to be aware of what's going on around them.
Please do whatever you can in educating whoever you think would understand you.
Media is not doing the job of carrying news to people , increasing awareness of people.
It's just serving certain elements .
Here's Modi's appeal to NRIs
http://www.youtube.com/watch?v=zvtTZ7B-2pM
more...
snathan
08-17 12:40 PM
It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?
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ramus
07-04 09:03 AM
Thanks..
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
more...
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PavanV
09-04 01:37 PM
Have you folks seen the movie Magadheera, one of my friends showed it to me, awesome movie i must say :cool:
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reddymjm
09-24 04:03 PM
Please send emails and post here to get a count..
more...
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Caliber
06-12 04:18 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
has anyone else heard the same?
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
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jthomas
05-29 02:57 PM
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
Do you have more info on how to collect SSA after completing 10 years of job in US. It would be helpful. please post the link.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
Do you have more info on how to collect SSA after completing 10 years of job in US. It would be helpful. please post the link.
more...
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gc_check
06-15 01:45 PM
Luck does plays in big role in EB Immigration.
Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.
There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
http://www.murthy.com/news/n_ebvisa.html
I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.
We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...
But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.
Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.
It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.
Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.
There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
http://www.murthy.com/news/n_ebvisa.html
I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.
We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...
But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.
Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.
It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.
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lalithkx
07-15 06:04 PM
Hi,
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
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vedicman
01-14 08:46 AM
I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.
How is misleading members not wrong? Check willigetgc's response
It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.
Sharing ideas are good. But if you looked at plainspeak first post he was pretty much goading members to come after him.
There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.
Couldn't agree with you more!
Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.
Plainspeak posted his view, few agreed with him, most disagreed - but he (My traditional upbringing does not allow me to think a girl can be so confrontational with strangers - so I will go on considering plainspeak as a man) kept up with his goading responding to each member. I cannot think of anyone with good intentions spending time to respond to comments that are not worthwhile.......
Lets get more new members and be civilized to gain confident which will gain more strength to the forum.
Amen
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
My responses are in blue
My advice to you, this forum gives members a chance to voice their problems and many members help with suggestions and experiences. IV works for relieving our problems - and if their intentions are on our side, we need to help them and not fight amongst us or them. Judge by what the administrators of this org say.
How is misleading members not wrong? Check willigetgc's response
It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.
Sharing ideas are good. But if you looked at plainspeak first post he was pretty much goading members to come after him.
There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.
Couldn't agree with you more!
Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.
Plainspeak posted his view, few agreed with him, most disagreed - but he (My traditional upbringing does not allow me to think a girl can be so confrontational with strangers - so I will go on considering plainspeak as a man) kept up with his goading responding to each member. I cannot think of anyone with good intentions spending time to respond to comments that are not worthwhile.......
Lets get more new members and be civilized to gain confident which will gain more strength to the forum.
Amen
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
My responses are in blue
My advice to you, this forum gives members a chance to voice their problems and many members help with suggestions and experiences. IV works for relieving our problems - and if their intentions are on our side, we need to help them and not fight amongst us or them. Judge by what the administrators of this org say.
Kushal
07-28 12:23 AM
Amway guys motto is to harass people even after you say NO and its been the same experienced by some of my friends and see similar ones in this thread as well. So again in plain english No means NO.. (If you did not understand what i said in plain english..)
"If you are not interested why would they bother you?"
Ask your amway friends/buddies and you are more than welcome to join them in the backseat of a police car with handcuffs.. :D..
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
"If you are not interested why would they bother you?"
Ask your amway friends/buddies and you are more than welcome to join them in the backseat of a police car with handcuffs.. :D..
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
dummgelauft
06-24 01:39 PM
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
..I am waiting for the punch line. What's the point of this? We all know it...
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
..I am waiting for the punch line. What's the point of this? We all know it...