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  • andy garcia
    06-27 09:01 AM
    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    In the same bulletin they use this defunition for Documentarily Qualified

    Documentarily Qualified
    The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements

    I think that the ombudsman is going one step further by saying approved it should be applied or properly filed





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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.





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  • shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





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  • sc3
    09-23 04:28 PM
    This suggestion is totally unethical. This is opportunism at its worst.

    I saw a few posts that have already started carving out the law per their own conditions, and bashing people who have real concerns about any action on the bill. There was a time when real grievances by a group of people was being shut down for want of "unity". But with so many members starting these kind of threads (and the apparent lack of the "administrators" refuting such discussions), I think it is time to start individual cabals to further our own goals rather than the whole community.



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  • srkamath
    07-23 07:03 PM
    Source of information ?

    From what i inferred from the text of the law,
    The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.

    The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.

    Let me know if you agree with the above.

    I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
    Ironic isn't it? Strange is the INA.





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  • GCwaitforever
    02-13 02:07 PM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Totally disagree with you. People do not inflate their resumes and apply for EB2. There is no need for that for many of us in the profession for more than 10 years already. Besides, it comes under immigration fraud and leads to deportation.

    EB2 India is clogged up because people who applied for EB3 five or six years ago switched to EB2 by applying with newly promoted positions and transferring old EB3 priority date.

    It all comes down to USCIS/DOL/SWA/BEC processing paper-based cases at tortoise pace and making loads of money for their employees and their pensions. Had they processed cases quickly with electronic processing, EB2 India would not be backlogged like this.



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  • americandesi
    07-12 12:00 AM
    You may want to write an english proficiency letter detailing the four aspects that they seek, ie reading, speaking, writing and listening.

    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.





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  • indio0617
    09-29 10:47 AM
    I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....

    Can someone confirm that.... ?


    Yes, TN is only for canadian citizens.



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  • sidbee
    06-01 02:19 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.


    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • smuggymba
    01-15 03:24 PM
    I trust the talent of desi dallas, they will come up with a way to circumvent this:D

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:

    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit



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  • ita
    03-30 01:53 PM
    Hey..you already made your point that you don't care if Sankarachrya is jailed or Rama has temple.You can relax... no one is building Rama any temple.

    Your concerns about poor may be genuine but your intentions seem dubious(going by the way you hang on to your views post after post despite the reality shown by facts seem to be something different than what you believe)

    I think I've shared what I know and will pitch in if I have something new.Otherwise you and folks like you who want to hang onto your preconceived notions for the reasons that only you know can run the game.Have fun

    So yo unever know this guys when they will change and what. I need food when I am hungry and need a place to place to sleep when I am tired. I dont care whether Rama has temple or not.





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  • satishku_2000
    07-03 09:41 PM
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.


    age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D



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  • desi3933
    07-13 11:19 AM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.

    Just speak for yourself, Mr. Hathi Ghora.





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  • vinrobo
    07-21 01:56 PM
    I had my first encounter 10 years ago while in India. Escaped the scene and felt bad that time about it.
    But now I have become good at it and just let them politely know about my policy of not "owning a business".



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  • ryan
    08-18 03:43 PM
    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... ace


    "Everytime"?

    I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)

    I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.





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  • santa123
    09-24 12:48 AM
    I am not trying to ruin this party... Let us not start our celebrations yet.
    what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
    Should we be ready to face it too?

    After all we are dealing with ****** USCIS....:rolleyes::eek::confused:



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  • logiclife
    06-28 07:25 PM
    can you name this firm please?

    Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.

    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".





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  • boreal
    05-29 01:42 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





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  • shree19772000
    08-03 01:24 PM
    Hi All,
    I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.

    Thanks





    andy007
    07-03 10:25 PM
    --------------------------------------------------------------------------------

    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/Worl...08500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howellti...news&id=129492


    http://economictimes.indiatimes.com/...ow/2170349.cms

    http://www.foxnews.com/wires/2007Jul...nCards,00.html


    Thanks i am looking for CNN also ..





    sachug22
    09-24 06:40 PM
    If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

    You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

    Is my assumption correct?

    CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

    I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).



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