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  • chanduv23
    02-05 09:13 AM
    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.

    While what you say is from a very neutral perspective as you see things from the other side of the wall, it may not be 100% true in what you think it is. These agencies or companies are a creation of the system, tons of people come from India to fill job positions and systems have been designed to accommodate that. Companies like Wipro, Infosys, etc... have HR people stamp their own H1b visa and send people in a bunch to the consulate for verification.
    Indian companies do not 'FAVOUR" Indian workers, but take advantage and try to "EXPLOIT" Indian workers to cater to businesses.
    The way the system works is, there is always available pool of talent for American businessess, these happen with rules being framed to accmomdate skilled workers.
    Just like how Jewish people good in Financial stuff, Indians have been immigrating in skilled worker category.

    While from your perspective you seem to think that it is some sort of Mafia trying to break rules and taking law in its own hands, favouring thier countrymen, it is because you don't have such a big infrastructure in China or Philippines etc... it is again the same Indian companies that are opening up branches in Singapore, Malaysia, Shangai, etc.. and reqruiting people from there too. Chinese consulting companies are now operating in full fledged manner these days and there seem to be companies that cater to Chinese Canadians looking for jobs in USA by providing them a TN visa letter and bringing them to US and place them in Client locations.





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  • eb3_nepa
    04-20 10:59 AM
    This might be the wrong thread, but did the Philly Inquirer ad, generate more members at all to IV? Any kinda increase at all?





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  • ganesha
    08-12 05:03 PM
    My 485 was filed at NSC and the ND is 03 Oct 2007. It was subsequently moved to TSC in Nov 2008.

    So which date is it going to be: PD, ND, RD or Move date (MD) ????

    As I read the thread above on the perennial point of contention PD or RD or ND.

    Since I was contacting my local congressman and Senators...I got this feedback that my case is pre-adjudicated but waiting to have a visa number available....but I don't know who to trust...I am just not very hopeful and if 485 ND is the date they go by I have no chance and will miss this opportunity too.

    SoP





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  • reedandbamboo
    09-12 02:15 PM
    Thanks to all for your input .. I am going to work on the letter when I get home tonight.

    PLEASE keep visiting and refer people to this thread ..



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  • snathan
    08-12 05:20 PM
    EB3 Guys,

    Take it easy... This is just for humour, to have fun at these times.

    No green card for you. Just work well for 6 years, enjoy life in US, enjoy sports cars by renting, not by buying, rent a big house, have a lawn and garden in back yard, grow your own vegetables. Have nice vacations like Hawaii, Jamaican islands, Vegas, Porto Rico etc.,Have fun in life. Do not go for green card. After 6 years, get nice job in India,own apartment near to office and ask your parents to live with you. Take kids to school . Have fun with them. Try to become director, AVP,VP,SVP,CEO,CTO and President. Do not go for green card. After you become director, buy a single family home and mercedez or BMW and have fun. Retire by the time your kids become earners. Grow vegetables in back yard. Do gardening and have fun. Thats how life should be. Do not hope for green card. H A V E F U N.

    Does it make any sense...in the name of humour you are just pissing every one here.





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  • PlainSpeak
    04-14 11:39 AM
    From the following information:

    1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.

    Personally, I do think the above bill you requested in the #1) is extremely difficult to work. It is because there was a bill proposed to the EB-2/EB-3 applicants to occupy the annual DV-lottery of 55,000 quota but it is NOT becomed a law yet. Now is April, 2011 and the DV-lottery results of this year will be announced soon online and the coming year of DV-lottery will be drawn again later during this coming Oct, 2011 but there is still NO hope to give those EB-2/EB-3 applicants into this DV-lottery quota. If this quota is occupied by EB-2/EB-3 applicants, less applicants will be in GC line.

    Also, there is a proposed bill to allow foreign US accreditated universities' advanced graduates of STEM and with a US job offer to have GC but again it is NOT becomed a law yet. Also, your proposed EB-2/EB-3 applicants who have continuous stay of 8 years in US without criminal record to have GC may not fit the requirement of US needed because some of these EB-2/EB-3 applicants are NOT graduated in US universities and some of them are NOT in Science, Medicine, Engineering and Techology academic major which US society in demand.

    Last time I have read some other online news or forum, it talks about there is guy who was graduated in a US university with double Master degree---one is M.Sc in computer science and the other is MBA and he still get stuck in getting his first new H-1B visa and later he decided to back home without choice. Yesterday I have read some other online news or forum, it talks about some people who graduated in US Ph.D or doctorate degree in Science/Engineering/Medicine cannot get the GC or some of them get stuck in his or her first new H-1B visa application (due to quota was full or from other reasons) or get stuck in the H-1B visa renewed. So without H-1B visa, how can they get into the EB line for GC?----They are all US graduates and have stayed in US for more than 6-8 years to study with social security card and drivers' licenses and without criminal record !!!!!!!!!!!!!

    So you can see if your requested bill in #1) is working, so how about those who graduated in US university in Advanced degree of Science/Medicine/Engineering with US job offer or without H-1B visa?------They are US STEM graduates and have stayed in US with 6-8 years either study or work without criminal record (and with social security card and drivers' licenses)

    Personally, I do believe since US demand Science/Medicine/Engineering (STEM) type people and also need the inflow of money to rescue the national debt, so why don't allow those US STEM type graduates get the GC and bring the money to immigrate to start up companies to create job opportunities and to buy houses. Then the non-STEM graduates who want to stay in US can also go into the second path of immigration such as bring money to set up companies to hire 3-6 persons for better economy. The DV-lottery can open to any US STEM graduates to enrol online by " first come, first get" basis and if once annual immigration quota of 55,000 is filled, those graduates need to wait for another year to enrol online for immigration. So every STEM or non-STEM graduates bring money to start companies in US creating job opportunities, paying taxes and bring inflow of money----better economy is growing up.

    Moreover, those graduates will invite friends/relatives to visit US, increasing sales of both international and dosmetic airline tickets, hotel reservations, restaurant reservations and uplift the profits all kinds of retail businesses. Tourist visa fees will also add monetary income. Overall, inflow of money and jobs creation are dual powers to uplift the economy.
    With inflow of money from immigration, there is NO government shutdown and there is NO hiking taxes needed for the existing US companies.

    Also, in Australia, it allows foreign graduates who have stayed in Australia for over 5 years and without criminal record to get the GC automatically

    One correction to all that was stated above....

    Instead of allowing US STEM graduates to get GC based on US job offer it would be beneficial to instead allow US STEM graduates to apply and get H1B without any quota. Tht way they will get into the system and don't need to go back to home country. Giving GC to STEM graduates directly is wrong by law because it bypasses labour and 140 conditions which state that a company is willing to sponser GC for a person.



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  • chintu25
    08-21 04:29 PM
    THIS INFO COULD VERY WELL BE CORRECT FOR THE MONTH OF AUGUST.

    DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.

    The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.

    Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.

    So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.


    The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates





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  • chanduv23
    09-07 10:07 PM
    Ya, and I have heard the stories that mankind was originated in Africa. So that does not mean I can claim citizenship of Africa. These things are earned and not asked for. Do you have in you to earn this?

    Guess u r making a point here, but please stop the abusive language, and do it in a proper way - go back to ur post and edit the bad language



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  • ItIsNotFunny
    03-09 11:40 AM
    Do edit post - advanced. And you will see the title to edit.

    Tried, that only allows to change title of "the post" not overall thread title!





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  • jay75
    08-22 01:26 AM
    Assuming the EB2 Visa numbers are over, can we expect to see a few EB3 140 approvals from NSC? good luck guys..:cool:



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  • radhikac
    04-12 06:10 PM
    Most of todays GC process results in indentured servitude which is against the law. Just that the indentured servitude is implicit instead of explicit but its still there. Can we use this point along with these stories.





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  • vijaysr
    12-09 11:44 PM
    ------------------------------------------------------------------
    Hi, I am applying for a re-issue of passport to split my given name into Surname and First name (NO spelling changes.. just the name split).

    1) While filling the online application form, what do I need to fill in "Other Address" field? Is it my residence address in the US OR can it be same as the permanent address in India?

    2) How do I indicate my mailing address to the consulate to ship the passport back to me? (I stay far from NYC and I am planning to apply for new passport via FedEx).

    -----------------------------------
    I applied online. Sent the required documents using FedEx, got my new passport back in 3 days. Simple.



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  • reedandbamboo
    09-14 11:54 AM
    Most letters should reach in time, make sure you ask for return reciept / signature for receipt - or something similar while mailing the letters at the USPS.

    Also, letters to the white house take way longer because of security process - so Bush may read the letter the last, just 2 cents!



    Where possible, we should send emails and faxes .. since owing to "security concerns" there WILL be delays with snail mail, running into weeks.





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  • ItIsNotFunny
    03-09 11:01 AM
    Consider a $25 pledge from me towards this effort. Would appreciate it if we are told what information are we asking for? I have seen many questions in different messages. It would be great if we can get a consolidated list of questions/information we will be asking.

    TIA.

    Thats one of the tasks. There were multiple reasons why I was waiting for IV to show little more interest on this. We need 3 person team to tell us exactly what data and what format we need them and whether USCIS can get us that information with proposed charges.

    3 Volunteers required who can decide exactly what data is required, we have rough idea but need final document on this. Amits, would like to lead this?



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  • ssreenu
    04-14 01:18 PM
    It is unfair to say that many EB3 and EB2 folks are stuck in GC queue for more than 10 years, FOR NO FAULT OF THEIRS. Yes, they are stuck but there is fault, in most cases, they knew they were risking it by changing employers for petty raises or other reason. If they followed the original H1B rule and stayed with sponsoring employer, GC for EB3 took a max of 7 years even with the old system of RIR (not PERM) or even without RIR - and that is MAX....very rare.

    If your statements are true why are the dates backloged and EB3 stuck at April 2002? Employment based greencards should be given preference than others for several reasons:

    1. Getting into US legally
    2. Living legally
    3. Got into US on invitation by the employer (I am talking about the most genuine cases)
    4. Intention was dual (to work in US and there by immigrate)
    5. Generating revenue to the govt by paying taxes

    If the employers have not offered to apply for permanent residency people would have not had any intentions of staying back in US and to buy houses. They would have worked for allocated period of time and have gone back to home country like they do in most of the European countries.





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  • syedajmal
    02-25 04:33 PM
    This is the most sensible idea in a long time. And I agree with keeping it low profile. This would also give a reality for the Govt as to how many actual cases that are pending if in future they wanna do something with an actual law to really help out.



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  • va2000
    07-17 08:31 PM
    Thank you very much IV team.





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  • belmontboy
    04-16 10:18 PM
    Oh you will agree that i understand only if i agree with your point of view else you will cal me a person who pretends not to understand.

    Where are the million people who say it is not a fraud. I dont see them. All i see is you and your EB2 crowd and what is their count 20 k, 30k ??

    A single persons opinion is not a fact but this single person point of view is shared with a bunch of people who are more that 30 k so you dissing me does not make me wrong

    Big yawn

    You win lady. Be happy now





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  • dwhuser
    08-12 12:54 PM
    People we have a question, throw us some light now that our application officailly falls under current dates....

    Our service center is Texas Center and the dates -
    Priority Date - Oct 18 2004
    485 Received Date - Aug 17th 2007
    485 Notice Date - Oct 16th 2007

    The current processing time for Texas Service Center is August 23rd 2007. Do they process based on reciept date or notice date? From the past experience we know that they donot process based on priority dates (We have been current for 3 times in the past and saw approvals for PD's in 2006 with earlier notice and receipt dates)





    easygoer
    08-21 06:34 PM
    All I did was posting it in August EB2 India/China approvals thread about what I read and heard from an IO. Just to inform people. This visas are not available only for India/China and not for other countries????

    If people think it is not appropriate, the admins can delete all the related posts and threads.

    Our problem is that we do not want to accept this news. Unless we receive some confirmed news to contrary we should not blame someone who might have shared this news with us in good faith. Let's try to find out the truth first.





    sirinme
    12-20 12:37 PM
    I just made my contribution thru PayPal.



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