Thursday, June 16, 2011

fran drescher now

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  • sanju
    10-20 02:21 PM
    well said.. but wait a minute.. why are we all debating.. we dont have voting rights... :D:D:D.. but whoever thinks mccain is the savior... god help them

    Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.

    And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.

    The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.


    .





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  • BumbleBee
    08-02 02:32 PM
    Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??

    here is my story:
    i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.

    if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:

    thanks for the help and i'm sorry in advance for my lack of knowledge :)

    When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.

    Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.

    Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D

    Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.

    BumbleBee





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  • tapukakababa
    07-03 03:54 PM
    I have contributed $100 yesterday. We can do it.





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  • makemygc
    07-01 09:57 PM
    Everyone is busy partying.

    Please contribute and then we might be able to appreciate your right on asking status of IV core. But do not forget IV is nothing but a shadow of ours. If you can't move, do you think your shadow will move. So do your part first and then ask what IV is doing.



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  • nitkad
    03-19 12:09 AM
    Agreed.

    :D





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  • rockstart
    03-10 11:07 AM
    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?



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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • masouds
    02-15 04:14 PM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.

    "If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

    This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.


    Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.



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  • sri1309
    03-09 10:17 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    You have a good point, but did you write this to atleast one lawmaker. Everybody here has very good ideas, but there seems to be something missing. We need to act. This is the time to write again.





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  • kpchal2
    07-18 10:01 AM
    what should we ask them for if we call, 'coz they might not have entered our file in their system yet.

    Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)



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  • newbee7
    07-09 04:23 PM
    Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
    So you be ready toooo.

    I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
    In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.

    "not entirely completed" = INCOMPLETE

    I think this should count for 100%.

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin





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  • akred
    01-21 02:26 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.



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  • frostrated
    08-21 01:54 PM
    I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.
    or pray that CIR gets approved soon so that you can apply under the undocumented alien category.





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  • mheggade
    07-20 09:09 PM
    You are right about the gov fiscal being Oct - Sep.
    Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
    To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.

    Therefore total PERM cases for Fiscal 2005 ~ > 4116

    Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.

    If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
    So the numbers will very less than your estimate.



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  • bobbydalal
    08-21 04:32 PM
    luvchoclates ,
    Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
    all the best





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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

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

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.



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  • Circus123
    02-20 04:05 PM
    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • p_kumar
    02-21 10:09 AM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





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  • JazzByTheBay
    09-13 02:01 PM
    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz

    Easy decision: JUST COME GUYS!!!!





    perm2gc
    01-05 02:59 AM
    An idea!!
    Lets just put our post on codeguru.com , expertsexchange.com etc etc....
    I'm pretty sure lot of techies visit there from all kind of nationalities.....
    Good Idea..Can you post in those websites and post the details here.
    Thank You





    SpookyH1Alien
    11-13 02:47 PM
    I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.



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