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  • puddonhead
    08-10 07:40 PM
    Could you elaborate on how this is a "wishful" reinterpretation of the law?

    I have no intention of playing spoilsport if you are taking some good faith initiative. In fact, if there is some campaign launched on this - I will probably even contribute (well - if you are doing something in good faith for a community then I have a moral obligation to support it if it is not harmful for the community).

    However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.





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  • alisa
    01-27 09:25 AM
    I am glad you posted this.
    I will put the numbers in the excel spreadsheet and see what comes out.
    But these might give more sensible results than the preposterous wait times that we were getting.

    If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.

    I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?

    Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??


    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy





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  • .soulty
    02-13 08:16 PM
    think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.





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  • gimmeacard
    07-13 05:02 PM
    See the attachment which I had come across in this forum and saved it

    Hope this is helpful.

    just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

    reasoning was Oct # would be released so they r trying to capture as many # as they can

    I am april 2006 and it seems it will be a 1 yr wait for me now.



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  • sdudeja
    10-25 12:58 PM
    My PD is May 21, 2007





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  • ak27
    11-20 10:51 AM
    Hello,

    I am from Plainsboro NJ..

    TL PD 09/20/2004

    PERM Conv stuff for last 8 months..

    What is the best way to invite folks to join IV..

    NJ has south asian programming on comcast on Sat and Sun. Can we some how put something through them.

    Also, should we try to meet Newly Elect Sen Bob Menedez and try explain our situations.

    Let us try to do our bit folks....



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  • rajuseattle
    07-14 08:23 PM
    ajthakur,

    dont worry about LUD on 07/13, that was a generic update.

    My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.

    I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.

    Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.

    Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.

    dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.





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  • gcnotfiledyet
    02-28 02:33 PM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D

    Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.

    Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.

    Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.

    Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).



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  • delhirocks
    07-28 03:02 PM
    Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.

    Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.

    It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.





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  • mhb
    07-03 03:57 PM
    monthly contributin of $ 50 thru paypal



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  • akp22
    07-13 06:13 PM
    Yes, they can do a lot more than 25 k in 2 months.
    EB2 folks, please get prepared for RFEs - a few possibilities.
    1. Medicals, outdated physicals, PPD positive etc.
    2. Passport expired since applying for I-485 last summer.
    3. Father's or Mother's name misspelled.
    4. DOB discrepancies.
    5. Translations of documents
    6. Find those old pay-stubs, bank records, W2s, I-20s
    7. Google yourself and your spouse.

    Yes, I got RFE on birth cert....





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  • Madhuri
    04-23 08:50 PM
    as Always logiclife rocks.....so precise and neat. Core members like him is the ultimate reason I have full faith and confidence in IV leadership.


    Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]

    Logic Life -- YOU ROCK MAN !![/QUOTE]



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  • sanjaymk
    07-16 05:02 PM
    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    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]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.





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  • akred
    02-21 10:58 AM
    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks

    1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.

    2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.

    3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.



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  • nirenjoshi
    10-29 12:02 PM
    Posted last week..





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  • pbuckeye
    02-09 10:46 AM
    i guess he is talking about your case a)...
    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....

    and he does post some useful data (remember the recent backlog data he posted before they officially released it).

    anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)



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  • BharatPremi
    10-25 11:38 AM
    My PD: 07/2*/2003 EB3:INDIA:RIR





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  • Dhundhun
    07-11 01:29 PM
    issue one year EAD and milk more money

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD





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  • abhijitp
    07-25 05:14 PM
    This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
    Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.





    StuckInTheMuck
    07-28 12:17 PM
    Okay, from wine shop to religion to law to constitution, what next :)





    nomi
    12-12 07:13 PM
    nomi,

    I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.



    I will look into it. I think everyone should look into it and try to find some solution. All IV member sends so many fax to US Senate and called all Senators which was good effort from all of us. Now if we send six thousands fax to USCIS same day...Don`t you guy think that USCIS will notice our problems and discuss them in their enternal meeting and ask US Senate or Congress to discuss this issue as early as possible. I know IV is doing great job and I am with IV but all I am saying we should put some pressure on USCIS too so they can see we are in pain and they do their job to get us some relief.

    If we do this then , USCIS will also support us too since we are right and we are asking some relief about green card.

    Guys come on ...Think about it too. We can do it if IV approve it and everyone help. We should bother USCIS too about our issue so they can contact lawmakers and tell them about our pain. No body care if we don`t speak up.

    Please tell me if we send 6000 fax same day don`t you think we will be in IV will be in headline and if we keeping doing same thing then some one will listen our issues and give us some temp. relief.

    Please come and Take the lead in this regard and Request USCIS to give us some temp relief because there are lot of people and families suffering coz of this.

    Please stop predicting Visa number everyone and deal with reality and stand up and speak about ou issue.

    Tell me what don`t you guys think ??

    thx.



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