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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843


    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.





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  • mirage
    04-16 07:46 AM
    Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???





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  • sb15
    07-22 01:39 PM
    My Alien # on I-140 approval notice is different from my I-485 receipt notice, will this cause an issue ? I appreciate your service.

    Thank you
    sb





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  • newtoearth
    05-03 01:51 AM
    ...



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  • reedandbamboo
    05-29 04:08 PM
    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck


    I agree! So lets compile a report of EVERY inefficiency/inaccuracy in the US EB1/2/3 system and send it to the media, congressmen/women, the President, etc? I volunteer to write if you'll good folks crunch data.





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  • breddy2000
    09-04 12:45 PM
    so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:

    No point in agruing with fools like you.....



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  • rsharma
    09-24 11:16 AM
    Emailed All

    :rolleyes: Whatever works :rolleyes:

    matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED

    I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

    I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.





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  • leoindiano
    08-15 08:17 AM
    for 2 hours, Sharukh Khan may have felt like common man. WOW.

    Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.

    Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.

    I agree, they have every right to question him, not for 2 hours though...

    Looks like this is going to help his upcoming movie with publicity.



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  • Jerrome
    09-24 05:40 PM
    Scenario 1:

    Assumptions on Visa Usage by EB1 + EB2 ROW

    1) About the Volume of EB1+ ROW for this year
    (Pending + 2010) Total GC Spill over
    EB1 ALL 4050 + 4050 8100 21995
    EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)

    2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000

    3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.

    4) Spill over is 50% between China and India
    China would get (16223 spill over + 2387 regular), so china would become current
    India would get (16223 spilover+2387 regular), so India would move to March 06
    5) Let us say 3000 are un-approvable so they will move to June 06
    Scenario 2:
    If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.


    Scenario 3:

    If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.

    I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.


    In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/





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  • sobyb
    05-02 12:55 AM
    I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.



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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • nozerd
    09-30 10:14 AM
    I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

    Disadvantage

    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).



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  • kumar1305
    01-22 07:44 PM
    I'm sick of you guyz. How long would you fight among us. We fought among us and the rest ruled us for more than 1000 years. We are educated but of no use, still fighting for no reason. Looking at you I feel the older generation made no mistake(atleast they were not as educated as us). But is it? Can't we be united? What could unite us?





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  • texanguy
    06-02 12:09 AM
    Guys...can somebody tell me why they are not counting on EB1 & EB2 row numbers for the last quarter of 2009? Historically, these were the numbers which were transferred to oversubscribed countries, because of which priority dates well pushed way ahead. What's different this time? Even if USCIS works with tremendous efficiency, they cant really use those numbers before the quarter starts.
    Nobody seems to notice this fact???



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  • ss2005
    07-03 01:56 PM
    Hi,

    My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.

    I was learnt that we need to split the name and get a new passport.

    My question is, how can we change on 485 document?
    Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?

    Please help me.

    Thanks





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  • geevikram
    01-22 11:26 AM
    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager

    Regards,
    Deepak


    Deepak, are you a consultant or FTE?



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  • conchshell
    07-29 02:50 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.

    I think that its a reasonable analysis.





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  • GCKaMaara
    05-13 09:59 AM
    http://news.yahoo.com/s/ap/as_sri_lanka_civil_war


    What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.

    Congress/ Sonia is seeing this as personal which shouldn't have been the case.

    Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !

    See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.


    Agreed.





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  • srinithati
    07-03 01:15 PM
    I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.





    HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007





    dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.



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