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  • snathan
    01-15 04:05 PM
    I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.

    Lets not start another stupid fight here. We are all concerned about the new memo and we are all going to get affacted. Lets focus on cause and remedy.





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  • delhirocks
    06-27 09:39 PM
    Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

    Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..


    Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

    Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • snram4
    01-24 03:51 PM
    If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo

    I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.





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  • Kodi
    05-02 01:21 PM
    What ethnic cleansing you're talking about? All tamils are not LTTE but all LTTE members are tamils. So you're saying the gov destroying LTTE is wrong because they're tamils and the gov should not try to liberate the country, they should give LTTE what they're asking for and leave it at that. And what's the guarantee that they're going to end it at that.

    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?



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  • Kodi
    05-02 03:07 PM
    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?





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  • rahulpaper
    06-28 06:10 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.



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  • 485Mbe4001
    06-11 07:09 PM
    "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. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.





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  • hiralal
    05-31 03:47 PM
    That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.

    there is no harm in having several campaigns ..that will atleast keep members active and interested ..in case you haven't noticed lot of people on EAD have just become laid back and lazy (and sort of insist that nothing will go wrong )



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  • stemcell
    06-01 02:28 PM
    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.

    what lawsuit :confused:
    whom are we going to sue? USCIS for following what the congress has laid out....
    i guess what you mean maybe is sue the congress.....:D





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  • logiclife
    06-26 12:35 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.

    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.



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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.





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  • nviren
    02-12 01:01 PM
    Hi,

    In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.

    My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.

    The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.

    You of course have to count the effect of new memorandum about FBI Name check into this mix.

    Thanks,

    Viren



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  • alisa
    06-27 10:00 PM
    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..


    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.





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  • eb3_nepa
    10-23 03:39 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?



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  • jkays94
    05-10 10:40 PM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks

    I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.

    http://en.wikipedia.org/wiki/E3_Visa





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  • unseenguy
    04-01 01:55 AM
    I completely agree with you...it was Nehru who screwed up the country.

    I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.

    Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.



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  • styrum
    02-12 06:51 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!
    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?

    Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:





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  • amitjoey
    05-25 12:17 PM
    We are thinking about applying for canadian PR. Should we include our son (US citizen) in the application? or do US citizens get to reside in Canada without visa?
    Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?

    US citizens can come in and stay in canada as a tourist for temporary purposes, but you need a Canadian PR for longer stays. So YES, add your son in your application. Your US-Gc application is not affected by processing canadian PR or vice-versa.





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  • logiclife
    06-28 05:04 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..




    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.





    chanduv23
    02-13 08:37 AM
    IV in past has looked into all options. It is not possible to sue USCIS because the law protects them for what they are doing. they are following the law.

    If people think we have a case, please take initiative and lead this - you will know how ready the community is. All those who are talking big here on this thread will run away u will see them running 180 degrees the other side if you ask them to come for the class action.

    We are not able to generate enough letters - people tend to be rude when asked to sign letters and fight us finding fault with us.

    The only way we can achieve something is if we unite and that has to happen through community building exercises and inculcating a sense for the community in the people.

    I am ready to support this initiative if it is feasable - so please do not get me wrong or think that I am pessimist. The ckind of community we are dealing with, things are not that easy that we open a thread on IV and everyone follow it.

    How many sent flowers? Close to 300
    How many attended rally? - close to 2000
    How many sending letters ? - close to 2000

    All this after so much of cajoling and motivating. needhelp and gang working tirelessly trying hard to get signatures, standing outside grocery stores, standing in train stations, being so focussed - why can others not see what they are doing? The only way our community is going to succeed is by more people coming forward and complimenting efforts of needhelp and and this must keep increasing.

    Is the community ready to stand up and rise in unity? Or just opening threads and discussing anonymously and then burying the threads deep below?

    Can we walk the talk?





    ujjvalkoul
    10-04 11:16 AM
    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs



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