Sunday, June 26, 2011

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  • ragz4u
    03-08 09:49 PM
    http://www.mercurynews.com/mld/mercurynews/news/politics/14050693.htm

    Will continue updates tomorrow




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  • DSLStart
    09-10 09:30 AM
    EB2 dates moving back more than 5 years is really sickening. Lets just only hope that they've used and alloted visa numbers already to approvable cases and see approvals coming through...




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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........




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  • mita
    09-10 02:20 PM
    I am not sure if USCIS will move beyond April 2004 until Jan 2009 due to the holidays and election and as someone said they want to take it easy. Even if they move the dates it does'nt help unless they approve cases with certain process in place.



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  • santb1975
    06-02 09:35 PM
    This is Great

    Contributed $100 for June
    Receipt ID: 47W850****




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  • chanduv23
    05-15 11:11 PM
    Thanks for your wishes.
    I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
    It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.

    Well - I think it was a dirty little trick where supervisor was convinced that this is not an AC21 case and did not even bother to look up your case information.

    This is definitely a slap on the face of honesty and integrity



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  • Sunx_2004
    05-19 05:56 PM
    I think it is a good idea..Everyone should write to local Congressman/Women senator detailing the case and asking Why it is taking so much time to process the AOS.
    They will come back with standard answer like country quota etc..BUT
    This will create awareness among the lawmakers..


    I would say we should start with local congressional office. Every case whether it is resolved or not should be taken to the attention of local congressional office.
    If members volunteer to do this, we could distribute districts among ourselves and take care of each district's congressional office. In that way we could raise the awareness among the lawmakers. I do agree that not every office will be friendly to immigrants like my district's congressional office, but we have to try.




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  • deepimpact
    08-23 09:29 AM
    deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

    1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
    2. The fee hikes of H1B & L1 visas.
    3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

    You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

    Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

    Peace.

    I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
    But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.

    I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.



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  • swo
    07-21 04:05 AM
    Kindly note yourself John, that using fonts like this are obnoxious. Also note that in America we write it like this: 240,000. Not 2,40,000. I'm not sure why I keep seeing this here. Is this some kind of Indian thing?



    Kindly note,
    This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill, which itself is a failed bill or with SKILL bill. Following is the actions taken by congress of HR 2669.

    IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 2,40,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.


    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
    Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
    Related Bills: H.RES.531
    Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
    House Reports: 110-210
    MAJOR ACTIONS:
    6/12/2007 Introduced in House
    6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
    7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
    7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
    7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.




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  • Green.Tech
    06-19 04:51 PM
    What are you waiting for?



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  • chanduv23
    05-14 12:21 PM
    There are plans on IVs agenda to see if we can collectively help ourselves on these issues.

    I recommend all members to use every channel you get to fix issues like these.

    We are entitled for a fair process and we must make sure every application is treated in a fair manner.

    Folks - anyone can face these issues.

    If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.




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  • santb1975
    05-25 02:31 PM
    The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.

    so the amendmants which were linked to war bill are differant than all this HR bills.....?



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  • Gravitation
    09-29 01:30 AM
    2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
    2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.

    If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:

    Gravitation

    PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.




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  • makemygc
    09-14 06:57 PM
    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:

    Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.



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  • AabTuAgaGC
    01-04 12:46 PM
    I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
    "your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"

    They gave me the same reply as well! :mad::mad:




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  • Macaca
    09-12 01:19 PM
    Skilled legal immigrants from all over US will rally peacefully in Washington DC on Sep 18 at 9:00 AM. The rally wants to draw Congress's attention to 10+ year delays in skilled employment based (EB) immigration. The rally is being organized by Immigration Voice (http://immigrationvoice.org), a non-profit grassroot advocacy group of skilled EB immigrants from all countries.

    It takes 7+ years (after 2+ years on student visa followed by 1 year on practical training) to become a resident. Some of these immigrants have returned to their countries (or gone to other countries) causing reverse brain drain: educating immigrants on tax payer dollars to compete against the tax payers. There are 1+ Million immigrants in EB immigration process.

    EB immigrants have patiently waited 2+ years with focus on every other kind of immigration reform. This is inspite of the fact that EB immigration has the simplest solution: increase EB immigrant quota and streamline EB immigration process.

    Skilled EB immigrants are scientists, engineers, business administrators, health care professionals, ... These immigrants are college educated but also have US MS and US PhD.

    EB immigrants have generated millions as Visa Education and Training Fee (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf) (through visa application fee) and contributed billions to Social Security System (http://www.aila.org/content/default.aspx?docid=12396).

    Please cover the rally and EB immigration issues during rally week.



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  • sunny1000
    06-02 03:07 PM
    Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(

    More bad news for the legals




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  • neoklaus
    12-27 09:46 AM
    I 131(AP) mailed on Aug.15 to NSC
    RN Oct.1
    Still nothing...



    Member of Florida State Chapter




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  • EkAurAaya
    07-11 02:20 PM
    .

    :(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.

    bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:




    go_guy123
    11-06 07:23 AM
    Good points chisinau

    Actually nurses have the H1c visa, but there are only 500 a year and only 14 hospitals in the whole country can apply for these visas. These visas last 3 years and after that the nurse has to leave the country. Not that employers don't want to apply for visas, it is just that many nursing positions DO NOT qualify for H1B! So the only viable option is the GC

    Will the July visa bulletin help you in anyway?

    This is the main reason why employers lobby for GC for nurses. It the
    availability of H1B that kills the chances of EB reform for IT people.
    Why lobby for EB reform (i mean do some lip service for EB reform while asking for H1B increase) when H1B is always available and more better from the point of view of employer.




    meridiani.planum
    12-13 11:41 PM
    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(

    are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.

    If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:

    - Q1 2010 : EB2-I reaches Feb and or early March

    >> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.

    - Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June

    >> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.

    - Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.

    >> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.

    - Q4 2010 : EB2-I goes to Oct 2005

    >> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.

    - Q1 2011 : EB2-I goes to Dec 2005

    >> dates will creep along slowly/

    - Q2 2011 : Dec-2005 or 'U'.

    >> same story: India quickly exhausts its annual quota, and must now wait for spillover.

    - Q3 2011 : EB2-I goes to March/June 2006

    >> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.



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