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  • GCAmigo
    02-14 12:24 PM
    Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan

    a 3-yr deadline..as I just entered my 4th year of this endless pain..





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  • nrk
    09-17 01:07 PM
    I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.


    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





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  • samay
    07-28 09:18 PM
    Hi,
    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.

    Thanks,
    ashish

    You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.





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  • vidyakulkarni
    06-28 07:21 PM
    I got very stable news that only July 485 applications will get approved



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  • sumagiri
    07-25 11:18 AM
    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..





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  • shiankuraaf
    07-21 08:36 PM
    Its fine so long as they are back before their AP expires.

    Thank you so much.. I really appreciate that.



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  • alisa
    02-13 01:44 PM
    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?

    It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas.

    IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.

    But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.

    Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?

    Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")





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  • rsdang1
    08-18 02:48 PM
    Excellent reply.



    Guys,
    In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...

    I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...

    Peace



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  • qualified_trash
    10-23 03:23 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks
    a company that has had the LC approved can reuse it for someone else. that is all!!





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  • gc_dream2009
    01-13 03:35 PM
    If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).

    Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.

    Good Luck To You.

    Mr Michael chertoff - do you know what happens when you act fresh with a gal.
    You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes

    You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something

    Please do not patronize me by asking me to take a nap.

    Other than that you are one person on this forum who lets just say has my respect



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  • gc28262
    01-18 10:19 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.

    When did you get your GC ?





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  • newuser
    07-03 08:13 AM
    Here is the link (http://sharebigfile.com/file/190401/sharebigfile-2--com-Reporter-Contacts-Clean-csv.html) for the reporter contacts that was compiled for the last media drive



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  • vinzen
    08-18 09:09 PM
    I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.

    First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?

    Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.

    And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.

    Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.

    Don't ever be that Indian guy in the office. Be a smart global citizen.





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  • Dakota Newfie
    12-14 04:06 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:



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  • garybanz
    12-14 02:25 PM
    Could you please tell us the problem on this law that can be changed to help us.


    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.





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  • unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

    -------------------------------

    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    xxxx

    xxxxwrote:
    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

    xxxx


    --------------------------------------------------------------------------------

    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much

    xxxxx



    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




    --------------------------------------------------------------------------------

    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM
    To: ny.united@gmail.com
    Subject:

    Hi,

    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much
    xxxxxxxx



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  • cygent
    12-19 07:11 PM
    Thanks Cygent for posting it ...I guess there is some hope after all .. ..

    Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."

    Good Weekend Everybody!





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  • lazycis
    02-13 01:11 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.





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  • Humhongekamyab
    08-16 09:03 AM
    Wish we had US' work culture: Cop - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/Wish-we-had-US-work-culture-Cop/articleshow/4898121.cms)





    ocpmachine
    06-11 07:39 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.



    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)





    mbawa2574
    02-15 04:03 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.

    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.



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