Monday, June 27, 2011

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  • feedfront
    11-09 12:20 PM
    Congrats ! How long did it take for CPO email since u recieved the 485 , I-797 and which service center

    Well, my case is with TSC. But, it is not yet approved. That email was sent by mistake. I've responded to RFE in Sept's end. Waiting for .....





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  • TexDBoy
    09-10 03:30 PM
    ya ... at least one issue will be closed by them ... hopefully they discuss our bill today ...





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  • pappu
    01-16 12:10 PM
    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.
    Thanks.
    We confirm your contribution commitment for $20 per month. Each $20 is important for us.





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  • somegchuh
    03-15 08:51 PM
    I have been waiting for my GC on purpose. I really wanted it to take 6 years.
    I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.


    On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.

    We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.


    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?



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  • rimzhim
    01-28 09:45 AM
    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
    getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.

    The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
    totally agree with this.

    Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.





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  • vijayassr
    08-05 08:53 PM
    Hi, Looks like you have a propabilities now.

    1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).

    Good thing u can stay in country and work for B.

    2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.

    Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.

    3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.

    4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.

    Hope the above things help.

    Thanks
    Vijay



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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.





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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!



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  • InTheMoment
    05-26 07:13 PM
    Actually entire state of NH is within 100 miles of Canada and the coast.

    I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)

    I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.


    Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.


    http://www.usborderpatrol.com/Border_Patrol608_2.htm





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  • msgrewal81
    02-19 12:20 PM
    well said Jaime...We should support this bill..

    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.



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  • MDix
    03-10 03:14 PM
    I hope I have answered your question (in red). :)
    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.





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  • sandiboy
    07-23 05:22 PM
    So does my lawyer per the FAQ she sent earlier:

    Q9: My adjustment was already filed. Do I have to re-file now?

    A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.



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  • rk78
    06-11 05:23 PM
    sent e-mail to AZ senators





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  • Macaca
    04-04 03:53 PM
    They have never said anything about GCs. If they have, show me where.

    From here (http://www.ieeeusa.org/policy/issues/).

    IEEE-USA will support public policies to ensure greater equity in the recruitment, utilization and compensation of US and foreign–born high tech workers. Priorities include:

    Expediting visa processing for international researchers, scholars, teachers and students to travel and study in the U.S.
    Reforming the H-1B and other non-immigrant (temporary) visa programs to prevent abuses, including displacement of US workers and underpayment of foreign workers.
    Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.



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  • yabayaba
    08-11 02:23 PM
    Also Could me in..





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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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  • srkamath
    07-18 07:07 PM
    My guess
    Best case : 12 months
    Worst care : 4 years

    sachug22,

    I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
    Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.

    Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.

    I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.

    I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.

    I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
    If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).

    EB2-IN, PD Oct-28-2007





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  • natrajs
    06-06 03:42 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congrats and Best Wishes





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  • seahawks
    09-10 02:10 PM
    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


    If only moves were so easy wouldn't all H1's be in Florida?

    We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.





    thomachan72
    07-05 02:45 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.





    varshadas
    01-30 03:30 PM
    Guys,
    Lets have a conference call today to finalize the flyer. I have some comments/questions on the updated flyer. Its better we do this over the phone so that we don't waste time in these posts back and forth. If everyone is OK, I will schedule a call for tonight at 10.30 PM as I have class.

    Let me know if that works for you guys or if it is too late, then we can have it tomorrow at Noon.

    Thanks,
    Varsha



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