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  • vdlrao
    07-21 12:15 AM
    I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
    (It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.


    ----------------------------------------------------------------
    Originally Posted by delax
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    ---------------------------------------------------------------------
    If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
    In 2005 there may be only about 600 labors for EB2 India.


    Based on this it would be
    About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
    About 600 labors for EB2 India from Oct 2004 - Sep 2005

    About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)

    So total labors may be around 10,600 which needs about 25,000 visas.


    So it seems there are about 20k visas availble now.

    So they have moved the dates accordingly.





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  • samay
    07-14 06:51 AM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

    It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.





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  • gc28262
    08-17 10:45 AM
    IMO all this frisking and questioning at POE is nonsense. If SRK or anybody( including L1/H1/B1) was a security threat or matched a name check query, consulate should have done 2 hours of questioning before issuing the visa.

    Why should a person considered a security threat be issued a visa let alone board the flight to USA ? Isn't he a security threat while he is flying ?

    This is all ineffective/illogical bureaucracy at play.





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  • simple1
    05-18 08:03 PM
    krish2005,

    Please don�t mix up LTTE and Tamils.

    The question is simple. Are tamils and sinhalese genetically the same? to me they look very similar.
    If Yes, why
    - sinhalese were violent against tamils in 20th century
    - tamils want to secede based on language, religion and social-culture ?
    If No, give supporting evidence that they are not.

    Clearly Both groups are not natives (except veddhas all seem to have immigrated at some point).

    Is it all petty politics, external-profiteers and power mongers in play ?

    external-profiteers: I heard a small city state indirectly benefited in SL�s 80�s from the civilwar was afraid Colombo will complete with them.

    If we are trying to quote facts here then myths also come into play.



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  • logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????





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  • gc28262
    01-13 07:20 PM
    Here is why this memo has come up

    MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009

    The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.

    Further Guidance for USCIS Adjudicators is Coming
    Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.

    Of course these are just appetizers for H1B holders on Senator Grassley's menu.
    Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.



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  • ArkBird
    03-30 12:31 AM
    I can live with MMS or Advani but if Lalu, Mayawati, Mulayam or Jaylalitha becomes PM, I will be filling my papers for political asylum next day in any "progressive" country like Somalia, Rwanda, Ethiopia, Congo..........





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  • qasleuth
    05-28 11:55 PM
    [B]
    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.

    Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?



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  • Mani
    12-13 01:38 PM
    I understand challenging the law could be a costly affair.
    If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?





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  • Legal
    07-21 10:32 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
    Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.

    I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.



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  • QuickGreenCard
    09-15 09:52 PM
    Surely appreciate your great service. Please help if you can. My advance parole got approved and sent by mail on Aug 13. I havent received it yet. It should not take this long..... It seems like it got missed in the mail. Can I do anything about it..............

    I called the USCIS cust. rep. They said, the only thing I could do is to re-file it again. How far is this correct.....

    Please advice....

    Thanks





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  • chanduv23
    07-04 11:21 AM
    DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.

    We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.

    That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.

    In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.

    REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.

    If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.

    Have a great holiday - today.



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  • samay
    07-06 12:03 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

    Hello

    In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.





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  • sk2006
    08-16 01:51 AM
    The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

    Can you point to a single post praising the immigration system.



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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.





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  • rkg000
    09-04 10:35 AM
    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.

    This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?



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  • okuzmin
    04-09 12:14 PM
    WFGC2006, to my knowledge, in order to be able to apply for Canadian citizenship, you must stay in the country for 3 out of the last 4 years cumulatively, not consecutively.





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  • weasley
    08-16 06:31 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.

    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.





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  • chanduv23
    07-04 11:21 AM
    DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.

    We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.

    That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.

    In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.

    REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.

    If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.

    Have a great holiday - today.





    ilikekilo
    07-10 08:02 PM
    Changed my mind. Updated my message. I appreciate your defense.


    appreciate your ego strength man...thanks for the edit...u r the man..





    kumar1
    07-11 01:10 AM
    Well, there is just one crieteria, work your ass off and get 40 points.



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