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  • snathan
    08-18 12:42 AM
    I would rather discuss about Dr Koelhe than SRK:

    Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)

    Let us close this unnecessary thread....

    Thanks for sharing this info...





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  • srkamath
    07-23 03:10 PM
    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

    The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.





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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.





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  • akred
    02-18 12:31 PM
    Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.


    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.



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  • pitha
    09-25 02:16 PM
    Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.

    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.





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  • pitha
    02-18 07:52 PM
    I don’t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don’t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don’t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don’t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don’t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!

    BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485



    For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .



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  • transpass
    09-03 05:28 PM
    Well, lemme give my 2 cents as I am from AP and follow politics very closely...I CAN TELL ONE THING - IF EVERYONE HAS THE SAME FACTS ABOUT SOME ISSUE, ESP. WITH ABOUT A PERSON, EVERYONE PRETTY MUCH COMES TO THE SAME CONCLUSION. So here are some of the facts, some first hand and some knowing by hailing from the area...

    I have first hand accounts about the person....There are corrupt guys and then there was YSR...to the extent most of you would not even believe!!! One of my friends was a police officer, and told me that YSR openly used to intimidate them if they did not oblige...

    It's funny someone mentioned that he had a vision, democratically elected etc., etc...My other friend comes from the same town as he, and told me how he literally 'ruled' the place with thuggery, force, intimidation, power, etc...

    Oh yeah sure he was a doctor...Did he not buy that degree through donation education from Karnataka, during good old days?

    Someone mentioned he was self made...He..Hee...He came from a well to do family, and then he made millions more through corruption, mining mafia, land grabbing, etc.

    We already have (too much) religious stuff playing politics in India. Instead of separating religion from politics, he took it up a notch...We have govt. paying the hajj pilgrims and now he was trying to have govt. pay for people who visit vatican...Sure, everybody is free to practice his/her own religion, but why should the tax payers pay for these trips?

    During the first term, it is a known fact that he allocated tons of treasury resources and govt. projects to his native area, even though other parts of the state desparately needed them...

    He sidelined other congress leaders in the state so that he would not have another voice...so much so that even though congress won many more lok sabha seats in AP than in TN, he made sure that no more than one or two MPs from AP become members of central cabinet (compared to 4 or 5 from TN congress and dmk alliance), so that he would not have a rival with power in AP. Forget about the other developmental benefits that AP could have availed by having central cabinet ministers. This is not a speculation, but following the way he ascended in politics, and the way he operates, it's not a rocket science to conclude that...

    When real estate in hyd exploded, he had his goons coming from his native place, illegally occupying the private land and govt. land alike. His brother and his goons are forcibly buying private land through intimidation. The sob even issued G.O. retroactively to pretty much legalize and take care of those forcible buyings.

    And by the way did I mention how many died since he turned politics into a sort of blood sport in Cuddaph district? People are already talking about making his son the CM. This is height of degeneration...What a pity...

    Now you might say, that's how it works in Indian politics, etc...But think about this way...

    He was a corrupt guy to the core, governs like a dictator, amasses ill-gotten wealth, eliminates rivals through intimidation and killings...In the process, none of the ordinary people did not have any betterment in their lives over the past 5 yrs. (with the exception of a few of his loyalists) and funny that the Indian new papers (or rather we should call them tabloids) are dubbing him 'Man of the people', etc.

    NOW TELL ME IF IT'S NOT A GOOD RIDDANCE, WHAT ELSE IS IT? I am not a proponent of someone dying an untimely death, but I am happy that it's a good riddance from the perspective of seeing an end to these dirty deeds, atleast from one person...I am positive everyone would atleast come to this conclusion...





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  • rahulpaper
    06-26 01:39 PM
    Read in the middle of the page....

    "Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"

    Hope this help

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument



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  • ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:



    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • Milind123
    07-24 07:33 PM
    Good luck buddy. Well said.



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  • snram4
    01-15 05:48 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





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  • krish2005
    01-16 05:16 PM
    Please read this article.

    The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    I feel IV can join hands with AILA on this to help us in this situation.

    Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!

    We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.

    I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.

    I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.



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  • raydon
    08-16 09:36 PM
    How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)

    30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)





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  • acecupid
    07-17 11:21 AM
    It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.

    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.



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  • Administrator2
    12-15 09:48 PM
    We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.

    Thanks,





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  • snathan
    08-18 12:42 AM
    I would rather discuss about Dr Koelhe than SRK:

    Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)

    Let us close this unnecessary thread....

    Thanks for sharing this info...



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  • soljabhai
    12-14 09:28 AM
    It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.

    If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.

    The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.





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  • gc_lover
    06-27 03:54 PM
    So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07

    Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)





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  • saketkapur
    07-15 07:42 PM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
    3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if you can provide some insight regarding the same.
    regards
    Saket Kapur





    Saralayar
    07-03 10:40 AM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.





    looivy
    08-20 10:35 PM
    There are other important immigration matters to be discussed.



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