Thursday, June 30, 2011

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  • play2win
    04-19 05:48 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD




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  • malibuguy007
    03-06 06:04 PM
    I think we are getting close to $3K - let us keep the momentum going.




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  • ravise
    08-11 10:37 AM
    1st C C C C C
    2nd C 08JAN05 08JAN05 C C
    3rd U U U U U




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  • Ahimsa
    12-19 08:05 AM
    Just contributed my second $100



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  • venkat_gc
    07-17 08:42 PM
    Thank You IV..




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  • Libra
    03-09 12:13 PM
    Contributed $25



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  • senthil1
    07-10 12:28 PM
    FBI check delay is admin procedure so courts could take up the case. But per country quota is law.

    Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.

    By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.

    It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.

    I also personally think the lawsuit is the better way, especially in the election year.

    It can produce one of the three results:

    1> We Win... Everything is fine.
    2> We Lose... At least the thing got settled and it is clear that the US can create discriminatory laws.
    3> Force Congress & the US govt. to expediately state its stand & justify the stand on the per country quota limit in employment based immigration.

    Everyone, I talked to including some lawyers, especially after 9/11, thought that nothing could be done about FBI check ups. But guess what, the courts decided in favor and required that FBI check ups be done in 6 months.

    Second case would be about Guatanamo Bay prisoners. Even there, the courts decided the prisoners were protected by the US human rights laws.

    The good thing about the US is the case gets settled/decided ASAP, and it would make sense to give the lawsuit a try.




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  • sweet_jungle
    09-12 01:13 PM
    Please do not try to thwart the campaign. We are trying to address a specific issue, which is about blocking approvals when dates are current, and for that, we are using this current fiasco as an example. The USCIS memo specifically talks about EB2 india, china applicants on hold. Since EB3 was listed as U, we cannot do anything about it. If both EB2 and EB3 were current, I would have given a call to both. There is no belittling out here. the Circumstances are like that.
    EB2 and EB3 are working together in the visa re-cpature.
    This is a separate issue, but will be useful when visa re-capture is successful.

    history has proved that faxes and e-mails have helped. So, please act in the remaining 20 days



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  • paparao
    07-17 07:04 PM
    You guys are amazing, your ideas and updates are awesome. God bless you!!




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  • Mahatma
    07-10 02:53 PM
    Senthil has articulated legal basis of current system. However, many members feel agrieved by current situation. My displeasure with current law was based on my perception about principles of natural justice and a dogma that one measure (current provisions) should not negatively impact other's basic rights for happiness, equality, nondiscrimination etc. Courts could take a look at how much damage or injury is possible or actually already resulting (stalled careers, family separation, life on hold, creativity-innovation halted) in current system. Atleast it will open up healthy debate and rational measures to address genuine problems.

    Could anybody clarify as to whether counting of family members towards annual quota is mandated by congress or it is an administrative provision.

    Bill Clinton did a wonderful fix by signing AC21 which corrected many shortfalls of immigration law.

    I am personally not impacted by backlog. However, I am feeling bad enough for the failure of current sysem that overlooks human tragedies. 180-day name check fix is a commendable step by USCIS (brought about by healthy debate and do not look at this as court-imposed). As in the scientific world, peer review and criticism is taken seriously in this country. By law suit, we are trying to create peer review or honest analysis about this impasse. No body wins but the truth and humanity.

    If there is any way to open up annual quota (recapture, family members exempt from annual limit or any measure I am not aware of), automatically everybody could benefit. It may be also possible for EB3 to interfile or refile for EB2 and take advantage of old priority date and shorten the wait. There is no magic wand! We could help our administrators, law makers, law protectors and law upholders to make appropriate corrections. Hence, scientific and rational dialogue through fair and just means should be our focus.

    Let us highlight our difficulties in a logical way. Go about living normal life but stand up for something you believe in.

    Honestly, Ineed to do some research on EB3 situation and see if there is something more meaningful to share with IVians.



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  • murali77
    07-17 08:08 PM
    My heartiest congratulations to IV and Core. Over the last 2 weeks I found that IV was the most reliable and quickest in giving us information.

    I have a question for IV , is there a possibility of increasing annual GC quota or atleast reusing unused Visas from previous years.

    Thanks and thanks again for all your work.
    Murali




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  • wandmaker
    12-04 10:46 AM
    Help IV to help you - Do you know how hard it will be to count 3650+ days sitting on the same job?



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  • claudia255
    11-03 08:32 PM
    Hi, I have a question regarding the exempt cap for non profit H-1. I will graduate with a masters in education in 2008 and already have job offers to work in public schools.

    My question was -
    - does public school employment qualify under the non profit H-1B exempt category?
    - Should I apply under the Masters quota?

    Please reply as I have been searching for answers for a few weeks....

    Thank you.
    H-1B for secondary public schools does not qualify for the non profit H-1B exempt category. But since you have a Masters from the US you will fall under the 20,000 visas slot. Your employer will not have to pay for the H1B training fee of $1,500 at the time of filing. Good Luck!




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  • paskal
    12-19 10:46 PM
    and you Iccleared!

    Thanks much for standing up here with all of us.

    I'm especially gratified to see members with 5 or less posts, even the FIRST post..adding their might to iv through this campaign.

    You all rock! let's keep going and make ourselves proud,
    (not to mention permanent residents :p )



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  • coopheal
    05-11 03:13 PM
    Most of you complaining here are the ones who have not ever contributed to IV. You come here to vent out your frustration. That's easy way out. If you really want to do something +ve for yourself, support IV and its efforts instead.




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  • h1techSlave
    11-19 03:19 PM
    I think you can sell it in ebay and donate the money to IV.

    If you post the link of the ebay auction in IV and promote it, the bidding price would be much higher than that for a regular Wii in ebay.

    I am just thinking what is that I have to sell....

    You know what. I would like to donate something to IV this holiday season. I have a Wii gaming console that I bought earlier during the year but never actually got around to play it much :)

    I want to donate that to IV. There are a couple of ways you can get your hands on this amazing machine, PM me and I will mail it to your address, you send the retail value of a Wii, to IV as donation. Or we can set up an auction. Highest bidder gets it. Mind you this is just for donation purposes. I won't make any money out of this. You will get a gaming console and IV will get some donation.

    Lemme know.



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  • what_if
    08-11 06:40 AM
    Thanks Deecha,
    My wife's case may or may not be fine. She came on H4 and got her H1 in 2004 but got a project only in the middle of 2005 and the company started paying her only once she was on project. But thats fine. If her 485 gets rejected (although the company not paying her is not really her fault), we'll just pack our bags :) Also, her I-140 is still pending.
    I appreciate your taking time for my question.

    Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.




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  • Munshi75
    04-10 09:42 PM
    I think you have to wait until you defend your thesis. My guess




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  • dvb123
    07-10 12:13 AM
    http://www.visaserve.com/CM/Articles/DOL%20Fact%20Sheet%20for%20Labor%20Certifications. pdf

    http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf

    Look on page 10 and this number is only with the leading occupations. There may be others like auditors.

    Note: Occupations with a salary greater that 60k are EB2 95% of the time.


    I think comparing both these data I can approximately say 90,000-100,1000 EB2 labors have been cleared in 2004 and 2005. That is like 2 lakhs applicants including primary and derivative applicants. Even if we put a 50% error margin thinking that there were more Eb3 labors, 140's are denied or downgraded to EB3 or a problem at 485 stage there are 1lakh - 485 applicants including Eb2 and EB3 waiting for 2004 and 2005. With a per country quota of 3800 + a bit of row how many years will it take to come to 2006 - where a lot of Eb2's are stuck?

    I think it will take 10 years for a EB2 2006 applicant to get his physical green card including 485 waiting time etc.




    gc_vbin
    05-30 11:33 PM
    If it is just a name change from maiden to married (i.e. change in surname) you don't need a court order. All you need is your marriage certificate and a notarized affidavit to change the name on the passport.

    Hello,

    I am also trying to go through the process of getting my spouse's name changed. I got good information from all your posts, but I am trying to understand the order of steps to be followed:

    So,
    1. Place ads in newspapers in US and India
    2. Get the local court order
    3. Mail all the required docs to respective Indian Embassy in US along with court order
    4. Once passport received with new name, use the court order and passport to change names in SSN, drivers license etc.
    5. Once all of them are changed, send all copies to USCIS (New name will be applied with next stamping and for now we ll still carry old and new passports pinned togther)

    Please let me know if I am missing something and any details if possible.

    Thank you




    rockstart
    08-12 08:36 AM
    I agree its tactic to scare people and attract attention. I think USCIS is far better placed today in 2009 compared to what it was in 2007. If that was not the case they would have just moved the Priority dates to Mid 2006 like they did last year. But this year they are much better prepared in their estimates. In Oct the dates might go back but it will definately not go back to Jan 2000 or U. They might take them back to mid 2004 and start slow advance from there. Next year Sep 10 bulletion hopefully they can take them to early. I am sure in Oct EB3 I will also come out of U and will be some where in early 2002 status at begining and will advance from there on.



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