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  • paskal
    07-03 02:41 AM
    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!



    iv supports a package of measures that includes the recapture and STEM exemptions, not removal of country quotas in isolation. the idea is not to redistribute pain (though frankly country quotas give disproportionate pain to some- for what? being born "wrong'") but to end retrogression by simultaneously increasing numbers available and ending country quotas.

    if you want to think about "fair" and "monopolies", i urge you to think of the current monopoly. i am an EB2 in health care- every ROW person with me, waltzes to current GCs and mine is many years away. i cannot change anything about the way i work for years...does my career have the same value as one from ROW? i did not apply for the job as an indian and i was not given a job as one. i had some qualifications that counted....why then are they suddenly subservient to my place of birth?





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  • qesehmk
    02-08 08:24 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.





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  • i4u
    04-26 10:25 AM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.

    Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.

    Take advice from a lawyer for specific details. Check out the IV wikki pages
    L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)





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  • aj1234567
    07-18 06:08 PM
    Hi Gurus,

    My PD is Dec06 EB2, do you have any guess when I will be current.

    Thanks



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  • tapukakababa
    07-18 10:01 AM
    can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6

    what should we ask them for if we call, 'coz they might not have entered our file in their system yet.





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  • Ramba
    07-04 09:07 PM
    nixstor,

    First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.

    Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.



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  • xyz2005
    07-18 11:25 AM
    OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.

    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.





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  • 485Mbe4001
    08-03 06:31 PM
    Nope, he was against outsourcing big time. he is a ratings guy, emailing him will be counter prodductive..just mui dos pesos...

    PCS:

    Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.

    Try it.



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  • anjs
    08-10 09:56 PM
    I am in for this.

    anjs





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  • GCBatman
    01-09 08:54 AM
    Here is the answer would you hire me now :D
    When several operations occur in an expression, each part is evaluated and resolved in a predetermined order called operator precedence. Parentheses can be used to override the order of precedence and force some parts of an expression to be evaluated before other parts. Operations within parentheses are always performed before those outside. Within parentheses, however, normal operator precedence is maintained.

    When expressions contain operators from more than one category, arithmetic operators are evaluated first, comparison operators are evaluated next, and logical operators are evaluated last. Comparison operators all have equal precedence; that is, they are evaluated in the left-to-right order in which they appear. Arithmetic and logical operators are evaluated in the following order of precedence:

    Arithmetic (Exponentiation (^),Negation (-),Multiplication and division (*, /),Integer division (\),Modulus arithmetic (Mod),Addition and subtraction (+, -),String concatenation (&))
    Comparison (Equality (=),Inequality (<>),Less than (<),Greater than (>), Less than or equal to (<=),Greater than or equal to (>=),Is)
    Logical (Not,And,Or,Xor,Eqv,Imp,&)


    When multiplication and division occur together in an expression, each operation is evaluated as it occurs from left to right. Likewise, when addition and subtraction occur together in an expression, each operation is evaluated in order of appearance from left to right.

    The string concatenation operator (&) is not an arithmetic operator, but in precedence it does fall after all arithmetic operators and before all comparison operators. The Is operator is an object reference comparison operator. It does not compare objects or their values; it checks only to determine if two object references refer to the same object.


    ....An experience guy might find it difficult to answer questions like �what is operator precedence?� ....



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  • nojoke
    02-27 06:42 PM
    Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.

    Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.

    Who still thinks this is a normal recession? I feel like saying "I told you so".





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  • thomachan72
    07-05 03:25 PM
    Since the sentiment is so string against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...
    cal_dood, couldn't make out clearly what you said. However, the main point I guess is to contribute to AILF, right? I would say yes, but not directly. The best option would be to contribute to the IV and let them know that you want the money to go to the AILF. I am sure that is what IV is planning to. It doesn't make sense to fight 2 wars against the same enemy. But said that the AILF has made requests for contributions but not very seriously. The main thing they want is to join the case and even that (the numbers required) I believe is already accomplished. So sit back and enjoy the summer, while spreading the message of this injustice.



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  • pdjune2003
    12-17 03:59 PM
    PD June 2003, EB3
    I-140 Approved
    485 applied on 8/8/07
    AP, EAD Received
    FP Done





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  • Karthikthiru
    09-11 11:03 AM
    It is already approved by Immigration Sub-committe about 3-4 weeks back. It has to pass through judicial sub-committe


    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."



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  • stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.





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  • reddysn
    06-10 09:52 PM
    as far as I know what you have mentioned here is correct

    As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.



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  • Dakota Newfie
    07-03 11:27 AM
    I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!

    I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!





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  • prinive
    02-20 04:27 PM
    EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...


    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • Lollerskater
    10-20 01:11 PM
    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?

    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.

    The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?

    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.

    McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?

    On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?

    And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.

    Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.





    Better_Days
    03-09 04:33 PM
    I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.

    If you don't mind my asking: why did u get rejected for Australian Immigration? From my understanding, it is a pretty straightforward process?





    nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.



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