Sunday, July 3, 2011

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  • paskal
    07-08 10:31 PM
    This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.

    As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.

    Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.

    We need to concentrate on issues that support accepting July AOSs.

    that is why i am raising it in that manner (and not mentioning security)
    they are actually issuing those approvals in july
    i am saying- until the LAST APPROVAL is complete, GC numbers are available.
    they circumvented that by pre-alloting the numbers to cases
    these cases could be rejected in the final days and a number would be back in the pool. therefore they should accept aos until they have approved all those cases finally
    the pre-allotment was a sleight of hand to avoid the filings. they are actually doing the july approvals now as we speak and sending them out.

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  • jsb
    03-10 01:25 PM

    It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.

    The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.

    It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.

    I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
    The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?

    Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.

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  • jindhal
    09-24 10:34 AM
    I am not sure if I am correct,
    Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
    .e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.

    But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.

    Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.

    My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.

    The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers

    1) The spillover from EB1 -> EB2
    2) The spillover from FB -> EB

    In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.

    In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.

    India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.

    And this is how the cookie crumbles.

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  • jonty_11
    10-27 10:44 AM
    I understand we want to stand alone with our issues and that may be favourable to us from an anti-immi stance taken by many in Govt and otherwise. I am not sure though if by alienating EB retrogression issue with H1B increase we will be able to get anything done.

    Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.

    People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.


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  • Janisaris
    08-24 08:49 PM
    Did you get your reciept yet or checks cashed? Which service center?

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  • Greatdesi
    08-31 11:13 AM
    There was and continues to be lot of discussion around multiple 485s. When USCIS is adjudicating a 485, they look at other pending 485s and cancel them. I had two 485s - 1 on EB3 and the other EB2. EB2 became current recently. They approved the EB2 one and rejected the EB3. So you can have multiple 485s.


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  • CADude
    08-01 06:30 PM
    Tricky question? Only USCIS can answer. May be part of FAQ3..;)

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.

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  • acecupid
    07-05 02:02 PM
    Even if AILA loses the lawsuit, it will bring this entire incident to the limelight. The best thing we can expect out of it is media attention which unfortunately is not available to our cause at this time.


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  • dingudi
    11-05 03:28 PM
    Well she suggested that she had scheduled the FP appointment and said that I should be getting my FP notices in 30 days.

    I am hoping that its the truth !!

    If your case is in TSC then it means that they have submitted the request to schedule you. That does not mean that they have scheduled you.

    But for any other center, it maybe true that they scheduled the FP for you because I have read the previous posts of people getting it within 30 days for other centers.

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  • maverick_joe
    05-02 11:41 AM
    I just gave you one! can you please return the favor? :)
    talking abt red and green my friend reddymjm got totally pissed by my previous post and gave me red..loser!

    Why arent you tempted to give me green though :)


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  • priderock
    05-11 04:28 PM
    I am not an attorney, but this is what I know:

    Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.

    You need to hire some one (like a general manager or president) to do these on company's behalf.

    You can run the company and earn profits (of course you need to pay taxes).

    I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.

    Originally Posted by theOne
    Are you sure you can open a business on H1B ?

    Thank you,

    Will someone please respond ?

    Thank you.

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  • simplyforjunk
    08-15 06:31 PM

    My I140 was approved from TSC, and 485 sent to NSC (delivered on Jul 24, 2007). Still no receipt, but I140 has the LUD as Jul 28, 2007. Just hope that this means transfer to TSC on Jul 28. Any opinions?



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  • sanju
    02-27 09:24 PM
    ok suri, while you work 30 hours and make money for yourself, let me take your burden and share my research with you. Here is what you have to do to see the result -

    Goto -

    - check box for client name
    - click 'submit' button
    - enter 'Immigration Voice' in the client name
    - click 'submit' button

    Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?

    Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.



    Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
    The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
    I will now have to sleep for 5 hrs and then go back.

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  • immihelp2
    12-16 01:55 PM
    Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)

    Matthew Oh has summarised the predicament of folks in a situation such as mine:

    12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications

    Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.


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  • leo2606
    07-19 07:22 PM
    I pledge $100.00

    Wait for someone to tell me how to send.

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  • samrat_bhargava_vihari
    06-13 08:27 AM
    My 485 application was filed with NSC on June 4th, 2007. I know it is too early to expect receipt notice.

    Who will receive the original approval notice?. Attorney or me?. Who will receive the FP notice?.

    Thanks a lot

    I guess both of you.


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  • gctest
    09-16 10:20 AM
    I can pledge around 200-250 for this.

    Go IV!!

    Thanks to all who have pledged so far for fighting against injustice.

    To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.

    There is a current list of members who have pledged support on the link below.

    If you would like to help in this effort, please send me a private message with the following info:
    1) Ur IV handle
    2) Ph#
    3) Email ID
    4) Amount you would like to pledge.

    Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.

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  • gc4me
    07-29 11:44 AM
    Why did you file EAD? Waste of money. You will be getting your GC anytime. EB2 ROW is curent.

    EAD Paper filed at TCS EB2 ROW

    USCIS Receipt date: April 18, 08
    FP done: July 22, 08

    No LUDs, No EAD yet.

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  • tonyHK12
    02-01 02:38 PM
    Donated $100 for the event.

    Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.

    Total Contribution: $600
    Amount to be raised: 50,000 - 600 = $49,400

    gimme Green!!
    07-10 03:17 PM
    my 2cents suggestion...

    1) Can we advertise about this rally in our grocery shops....
    2) Can we bring our family memembers also.......

    1. Sure you can.
    2. The more the better!!

    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    So Please Call

    Tell us to call, DONT TELL its doesnt matter

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