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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





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  • natrajs
    06-06 03:42 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congrats and Best Wishes





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  • like_watching_paint_dry
    04-06 11:10 PM
    If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.

    In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.

    No no. This is very true. This happened to my friend's friend.

    My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.

    IV should do something about this before too late! ;)





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  • perm2gc
    01-11 03:12 PM
    http://discuss.ilw.com/eve/forums?a=tpc&s=691603441&f=902603441&m=53410452831&r=53410452831#53410452831

    http://www.visaportal.com/forums/topic.asp?forum=18&topic=191



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  • pappu
    07-02 05:18 PM
    Thanks Ramus. Yes this is important for us in order to proceed with our action plan for protest against this insane visa bulletin. We need everyone's help and contributions.





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  • nixstor
    10-15 01:37 PM
    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection

    Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.



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  • amitjoey
    07-03 11:50 PM
    I understand that a lot of people have a genuine concern about why we would need funds for a law-suit, especially when AILF is doing it and it wont cost members to participate.
    I am not core IV member, and I do not know the right answer, so I might be wrong, but last time there was a discussion about lawsuit, and previous occasions when it was discussed, it was clear that lawsuits have to be accompanied by a simultaneous campaign of lobbying, media coverage, and buying print and radio space. If we have to make a big splash, and make it really red and dark. That will also put a lot of pressure on the concerned authorities. These related activities need $$. Again, I might be totally offbase here. Pappu can answer this.





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  • eilsoe
    03-07 05:32 PM
    well I've realized now that I can't get this thing done in time, so here's my not-so-final-but-as-final-as-it-gets images... :)


    (as seen through a surv. camera)
    http://www.avalon-rev.dk/junk/station2F.jpg


    (as rendered through Max)
    http://www.avalon-rev.dk/junk/station2FS.jpg


    I really wanted to add more to 'em... :(


    oh, well, consider them my finals :)


    wireframe: www.avalon-rev.dk/junk/wireframe.gif



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  • stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.





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  • anurakt
    12-30 11:51 PM
    Add St.Louis --- www.myilaaka.com



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  • ssdtm
    01-31 03:15 PM
    What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?





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  • greenlight
    08-17 04:15 PM
    A1: If you have an approved I-140 for the earlier PD, the answer is yes.

    A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.


    Thanks for your response. ;)
    So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?



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  • coopheal
    04-11 04:00 PM
    This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.

    As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).

    any category of EB3 or EB2 type going unavailable in May bulletin is alarming.

    Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...

    However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...

    It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.

    so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....





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  • NKR
    03-07 11:32 AM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,



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  • coolmanasip
    06-19 03:09 PM
    My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....





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  • vivid_bharti
    05-06 09:25 PM
    Can you please brief us regarding what action IV has taken...
    Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.



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  • map_boiler
    07-05 05:30 PM
    Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...

    This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
    1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
    2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
    3) Get this matter the attention it deserves in the media
    4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
    5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.

    The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....

    With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...





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  • sukhwinderd
    03-10 09:58 AM
    smaller chunks are useful for a night stay at a hotel or for car rental.
    car rental at aa is about 2100 miles/day.
    hotel is somewhere around 13,000 miles/night.





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  • mordaut
    02-27 08:38 PM
    wow these are good...but im just wondering...what are they modelled after? ive never seen any subways like those...





    damialok
    05-28 03:17 PM
    Finally after 6 years, its my turn to report. Online is NOT updated but when I called NSC they informed that it was approved on 05/23/2008. They also informed me that it will take 6 business days to get the card(card ordered on 05/23/2008).





    grinch
    03-06 11:28 PM
    Here's a WIP of my almost completed entry :

    http://img.photobucket.com/albums/v403/grinchvader/f1.jpg

    http://img.photobucket.com/albums/v403/grinchvader/f3.jpg

    http://img.photobucket.com/albums/v403/grinchvader/f2.jpg

    *gonna post in drawing and design



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