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  • Legal
    07-03 10:37 PM
    I have drafted a letter:


    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,





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  • sparky_jones
    06-28 09:39 AM
    Matthew Oh has been known in the past to be a BIT of a sensationalist.
    Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?

    I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).





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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.





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  • praveenuppaluri
    04-01 03:18 PM
    Azhar visited your post and joined congress.. he is contesting from Hyderabad...

    what have you done gcdreamer05 :D

    can you wish all of us quick GCs too.. looks like your dreams are powerful !!!


    If Imran khan has come in to politics why not Azharuddin ?



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  • furiouspride
    08-02 07:55 PM
    One of the things that I've observed about these 'IBO's is that most often they are underachievers in general. Mostly staying home over the weekends, hardly any communication skills, no good friends (no your IBO partners are not your friends), low confidence and plain arrogance. They are asked not to take NO for an answer. So anything that you say against them annoys the hell outta them. I know I should not be using such derogatory language against any person but I seriously feel this corporation is plaguing our society big time.

    I have a co-worker who downs at least 5-6 cans of their flagship product 'XS Energy Drink' everyday. He hardly moves from his desk all day so why in the world would he need an energy drink for? One day, the rest of the team confronted him and asked him if he even knew what was in the energy drink. He quickly got angry and snapped back "VITAMINS!!!". We were like WTF? Since when did energy drinks started to have vitamins in them? Finally, I showed him the contents of the drink: #1 Taurine, #2 Caffeine. So it's nothing but fukking Red Bull. And we all know 'Red Bull gives you wings!'. Wish it gave you brains too.

    Another co-worker asked him if it'd be OK to give that drink to his 5 yo when he thought that it was alright for him to gulp gallons of it. He snapped again saying "OF COURSE! In fact she drinks small quantities of it everyday." A 5 year old kid drinking Red Bull. Can you beat that? Just coz this idiot wants to earn more points. That is when I got seriously pissed!





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  • gdilla
    07-11 06:46 PM
    Canada has several professional football teams. Infact, the CFL is the oldest professional sports league in North America, predating the NHL, NFL, NBA, and MLB. Even the first NBA game ever was played in Canada. I guess you mean Canada has no NFL team? Then yes, you're right. Canadian football is a better game, with 3 downs for 10 yards instead of 4, and a longer, narrower field (means more passing then running).

    Hi congrats and good luck !!!

    but, remember Once an American Always an American !!!

    Live free or Die !!!

    Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.

    and remember Canada does not yet has a professional football team, go patriots !!!



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  • kondur_007
    07-22 02:20 PM
    for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way

    Yes, that is a wishful thinking.

    The issue for EB3 is this:
    There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
    It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).

    If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).

    If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).

    Good luck to everyone...





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  • timberlake
    09-04 04:17 AM
    What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the edge to be removed... Power charges increased 600% .. He is a next to dictator... one has to bow to his party men the villages or cities ... even a simple activity needs his partymen's approval... This is what makes difference... any politician is a politician... just a diff how one interacts with ppl makes one like YSR. undoubtedly there are poor ppl who got benefited from him. land sale was intially started by Mr. Naidu...

    Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...

    Btw I am from AP and i take side and i went through it...

    on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...

    btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...



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  • neelu
    03-27 03:33 PM
    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university.

    http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
    http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
    http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

    Cheers.





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  • ramus
    07-03 04:17 PM
    http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms



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  • chanduv23
    06-26 08:06 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.

    So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
    Which means what some of these lawyers are saying is not speculation but a definite possibility.





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  • snram4
    01-15 06:08 PM
    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?



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  • alterego
    12-14 05:26 PM
    An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?





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  • Macaca
    06-28 09:28 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx.

    18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July.

    As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
    Ombudsman report mentioned that 40K GCs would be wasted at the end 2007. This means that there should be more then 40K GCs at the beggining of June.

    The applications submitted starting this month will take some time (whatever that is) for processing. GC # is assigned after 485 processing is complete.

    USCIS had approved 485s before June. They have started getting GCs and are decrementing the 40K+ count. That is, applications being submitted now are not decrementing the 40K+ count.

    I don't think there is a monthly GC quota.



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  • newtoearth
    05-03 12:20 AM
    ...





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  • manderson
    02-12 04:35 PM
    actually Philippines has it's own category in the Visa Bulletin. So technically it's not part of ROW. But practically speaking EB3 ROW dates and Philippines EB3 (previously Schedule A Nurses) are usually very close...

    ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.



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  • Kushal
    07-27 01:59 PM
    Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...

    I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...



    By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...

    May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...

    I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...

    This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..

    Good luck!

    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.





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  • Desichakit
    07-29 01:33 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.





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  • gjoe
    02-13 04:38 PM
    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?





    unitednations
    02-14 08:46 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.





    poorslumdog
    05-02 11:30 PM
    What a massacre of history! LTTE has killed anyone who has opposed them. They killed Tamils who joined the govt. They killed Tamils who opposed them. they killed Sri Lankan Tamils, they killed Indian Tamils. They have believed in terror at every point of history. It is a terrorist organisation. I believe a lot of Tamils got killed ar Sriperambudar in the rally Rajiv was killed. Sonia on her part appealed for clemency to one of the accused who was sentenced to be hanged because she had a small child. Your passion and facts are getting mixed up here.

    You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.



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