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  • Hassan11
    07-02 11:15 AM
    This is a sad sad news

    UPDATE ON JULY VISA AVAILABILITY

    The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

    Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

    have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    Department of State Publication 9514
    CA/VO: July 2, 2007





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  • ksvreg
    04-09 11:32 AM
    That is the reason I mentioned before that we have to give heads up to employer's HR department about these scenarios and let them come up with correct wording for POEs questions. This could be new virus breakout and we need to find a cure or prevent it someway tactically until the strategy in place. Not sure I make much sense here. In a nutshell, we need to contact our HR and request them to anwer (HR has to answer like this: It is possible to hire citizen but can not be done immediately. Its a process and takes a while to do that and no guarantee that citizen can be found. Until that time business will be impacted badly.) POE officer in case if there are any such questions. Generic answer from HR misleads and misued at POE.





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  • vandanaverdia
    09-10 03:45 PM
    You have to carry a stack load of papers, documents, etc every time you go for your visa stamping & back....





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  • ita
    01-31 12:24 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.



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  • ndbhatt
    06-10 09:04 PM
    I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

    Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

    So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

    My thoughts.
    I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
    I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
    Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
    You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

    There are always two sides of coin and so is the half glass full, a half glass empty.
    Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

    Bhattji





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  • getgreensoon1
    05-23 02:00 PM
    Here is the issue: If you are thinking of doing MBA to get a management job in a US company and are an Indian, please forget it. You might get a low level management position paying at most 80K. MBA is not for everyone - you have to have it in you to get something out of an MBA. It's not about landing that good job. You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language. Unless you are planning to settle in India OR REALLY THINKING OF PUTTING A LOT OF EFFORT in mastering the English language and your outlook, an MBA is not going to serve you in the US.
    Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)

    MBA is not for everyone and in addition, an Online MBA doesn't have any value. MBA is not the same thing as learning cntrl C and cntrl V and then working for a shady desi consultant.



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  • go_gc_way
    01-13 10:37 PM
    http://www.laborlawtalk.com/showthread.php?p=850460#post850460

    http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394


    perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".

    At the same time, I hope other members take time and help IV action items.





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  • pitha
    02-21 04:05 PM
    I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.

    pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.

    The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.

    All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.



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  • acecupid
    07-13 11:57 AM
    I suggest this thread be closed and we stop giving murthy any more publicity than she actually deserves. :mad:





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  • Ramba
    07-04 09:15 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.



    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.

    It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.



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  • Jaime
    09-10 12:54 PM
    There are thousands





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  • sanju
    11-11 10:46 PM
    With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

    As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.

    And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.

    I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.



    .



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  • chintu25
    09-10 10:45 AM
    You can view the proceeding live at



    http://judiciary.house.gov/hearings/calendar.html





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  • rmscandy2006
    04-08 10:11 AM
    I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
    We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
    When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
    Choose life !! is the better option !!



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  • pappu
    02-04 02:27 PM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?





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  • cestmoi
    01-11 11:46 PM
    Am I blind or is part 2 missing one more option?

    None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)


    a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...

    b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children

    c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...

    d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

    e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...

    f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....

    g. I have continously resided in the US since before Jan 1, 1972

    h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...



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  • drirshad
    07-04 09:35 PM
    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.





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  • sonaliak
    09-19 10:05 AM
    Legal Immigrants Voice is a good suggestions, place card was very heavy in future try to make place less heavy :)
    It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.

    It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.





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  • perm2gc
    01-16 06:08 PM
    Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.





    nixstor
    07-05 12:42 PM
    Just my $0.02:

    I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.

    >> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<

    If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.

    >> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<

    IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.

    >> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

    Thanks,
    Jayant

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.

    Jayant,

    I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?





    dreamworld
    11-17 05:14 PM
    guys, looks positive to me. if you can get better job, beat the Green Card suffering for good-prof-experience.

    Can I switch at this time and i need your advice.

    I am on 7th year (visa valid until 2008 March) and Waiting for LC approval.
    Lets say, switching to company B.
    Company B files LC, Say LC does not come in 1 year

    At company B after 1 year of pending GC during 7th year.
    Can I get H1B extension based on my pending Company-B's LC?

    If I can, then i will consider switching.

    Want to move on and keep competitive...



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