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  • logiclife
    06-28 07:37 PM
    I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.

    I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.

    Like logiclife said, I wish I would have done it myself. Well .. too late now :(

    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.





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  • hopfully_gc
    07-29 10:08 AM
    Dear Mr.Pappu,
    I need to take an appointment with the attrorney. Can you please help me how to procced?
    Thank you





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  • kavita
    02-13 07:20 PM
    Hi,
    I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.





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  • the_googly
    07-23 01:17 PM
    This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)

    The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.



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  • mbawa2574
    02-15 04:03 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.

    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.





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  • hopefulgc
    02-13 02:58 PM
    where are the govt. sources talking to us know....?
    How much do we really care about the govt. sources when our dates there is a wait of 7 years .. . the dates are in 2001 for heaven's sake.

    I feel like a battered housewife who does not want to step up to her husband 's abuse hoping that one day he would come home and not not beat her up, just come home, ignore her and go to bed and let her be.

    Waiting for 3 yr EAD reforms is like begging for peanuts. we outta swing for the fences. If we outta beg.. lets aim higher... RECAPTURE.




    Going into Lawsuit will not do a penny for our
    fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.

    And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.

    I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.



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  • maximus777
    08-20 09:44 PM
    ^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D





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  • humdesi
    11-09 11:07 AM
    Found an interesting thread on this topic in immigrationportal. The post below is by vm_gc who got his GC recently:

    Hi qwerty1111,

    I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.

    I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).

    And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.

    And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.

    You tell me what is fair in this country, when it comes to immigration process.

    Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.

    I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
    __________________
    Sub Labor PD: 8/21/2002, EB2, India
    I-140 : RD 09/22/2005, AD 03/01/2006
    I-485: RD 09/22/2005, AD 11/07/2006
    05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
    09/14/06: received updated I-140 approval notice with correct PD.
    Finger Prints/Name check - cleared (according to USCIS letter)



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  • fairman
    08-15 04:08 PM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.


    USCIS software system is quite old !





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  • Refugee_New
    02-12 12:43 PM
    EB2 India is screwed again. My wait continues.................



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  • dallasdude
    05-29 03:50 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.

    Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.





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  • lahiribaba
    06-18 01:44 AM
    if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.



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  • ragz4u
    10-24 12:52 PM
    I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.

    I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?





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  • gman
    08-03 09:21 PM
    I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?

    Thanks,



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  • ash27
    04-02 11:48 PM
    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.
    Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....





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  • looivy
    01-13 11:53 AM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    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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  • vdlrao
    07-21 02:56 PM
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf





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  • sanju
    09-23 11:03 AM
    already bought a house in 2004.. so no immediate use for me! but I do like the idea! it will surely benefit me if the queue reduces even by 20%

    although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!

    This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....





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  • rahulpaper
    06-28 07:07 PM
    Yes it does not say interim memo....the underlying point was that the directive comes from DOS once all these numbers are used up by approved applications and not "filed applications"

    The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............


    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





    Macaca
    06-28 08:09 PM
    but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?

    That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.

    My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.

    We can complain to Ombudsman!





    mbawa2574
    02-16 08:27 AM
    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck

    Is this not racism ??



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