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  • bestia
    01-19 03:54 PM
    Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.

    Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.

    But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.

    When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".





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  • PresidentO
    02-03 05:07 PM
    So naive of you to think that Senator-elect (Is she sworn in yet?) Gillibrand would be the person to do this. She is already labeled a flip flopper for courting hispanic groups.

    AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.

    Good luck!





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  • delhiguy
    07-04 08:38 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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  • pappu
    12-25 06:50 PM
    If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.



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  • wahwah
    02-21 02:17 PM
    i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

    I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable





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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • ItIsNotFunny
    03-17 11:19 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007

    If your PD is Sep 2002, why did you file in July instead of filing in Jun?





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  • satysh
    07-16 11:51 PM
    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

    -------------------------------------------------------------------

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein



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  • mallu
    02-16 12:23 PM
    ......This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. ...

    Currently, do chinese and Indians form a significant part of US population to affect diversity ? Just curious. I think one should start analyzing current US population and tabulate the % based on country of origin. Let us start with folks from UK, Italy, Ireland, Germany , Poland,..., India, China, ... . If it is found that some sections are less represented, let USA allow more into that category. True diversity.





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  • DesiGuy
    09-11 11:12 AM
    hadn't the "subcommittee" already approved the bill and then it was presented to the "full committee".

    maybe once the subcommittee approves, the bill is ready to go to the house for voting?

    getting confusing, guru's please clarify.



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  • gc_chahiye
    12-21 12:54 AM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.

    unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...

    the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.





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  • PBECVictim
    07-01 04:28 PM
    Will CIS Discontinue Intake of I- 485 Applications?

    It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.



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  • makemygc
    07-05 10:02 AM
    Strange to find that any thread which asks for contribution is pushed down the toilet within seconds whereas people are just too fond of discussing all idiotic things like..July 2 filers, July 3 filers, Will USCIS return our appllications, so on and so forth.





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  • alex99
    07-11 01:50 PM
    Request More Eb3 Guys To Participate......

    Please....



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  • cal_dood
    07-05 03:20 PM
    Since the sentiment is so strong against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...





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  • MDix
    03-10 02:22 PM
    If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.

    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix



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  • mrdelhiite
    07-13 08:25 AM
    GCBy3000,
    Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:

    Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR

    Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?

    I know the Mahatma would have asked himself the same questions before hurling allegations.

    Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.

    AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.

    ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
    -M





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  • akilhere
    10-14 10:09 AM
    That's better. Collect the radiologist's report and send them at the earliest. Make sure your attorney sends it to addressed mentioned in the letter. Someone's attorney in this forum used FedEx's service (sent to non-PO Box address) and took longer time to reach right department.

    As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
    FeedFront
    I got the radiologist's report. Its on an official letterhead of the hospital and it includes his findings, recommendations etc. but it doesn't contain his signature. It only says "Read By: Dr. XXX and Prepared by: Dr. XXX. Nothing is handwritten, its all in print and the top portion says Radiology Report. It includes all my information including my DOB etc.
    But the RFE says that the Radiologist's report should be on an official letterhead and signed by the Radiologist.
    When i called the Doctor's office, they said that these documents are received electronically and are E-Signed so there won't be any signatures as such. They have mailed me a sealed copy but I'm wondering if this will be a problem since it doesn't contain the Radiologists's signature.
    Any inputs on this would be appreciated.

    Thanks,





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  • the_jaguar
    11-08 04:46 PM
    Central Jersey here..





    DarkChild
    02-16 07:01 AM
    my motto is "don't start anything you can't possibly win" so i'm not gonna start on this man, that is just sick...





    rbharol
    12-26 04:05 PM
    We cannot save for our children's college in college savings plan as every plan needs a GC.

    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?