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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.





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  • number30
    03-26 06:14 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally





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  • meg_z
    08-06 09:53 AM
    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.

    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.





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  • gapala
    12-17 04:47 PM
    Nobody in good conscience support terrorism, no Indian, no Pakistani. I have many good friends from Pakistan and I do support Pakistan in its strive towards better and peaceful future. Does that make me a terrorist ?

    Don't bring ISMs into the conversation. You started this post to trash specific community and you are getting there. Stop being a A-hole and get a life.

    It feels good to read your posts but my friend, you are far off from reality. The folks who hijacked that religion and perverted belief that entire planet earth should be under sharia is the problem. I am not saying that all apples are bad.

    Do you know what is happening in UK and other parts of Europe? Go search in google videos There are several investigative reports from main stream media are posted out there to educate people like you.

    Now, you may choose to ignore the threat to humanity but that does not mean its not real.

    I too have good friends from different parts of world but they themself believe that its a dangerous world. Ask your friends that you quoted in your post, they will tell you.



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  • gc_in_30_yrs
    01-29 09:48 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv

    i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.

    This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.

    Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)

    in any case, we should ignore this guy as a whole.

    Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.





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  • xyzgc
    12-21 01:40 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.


    The Muslim minority in India is a supporter of Pakistan and its terror actiities. Not for the most part, but a tiny fraction and that is enough to create havoc in the country. We have our internal enemies with external linkages.


    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.


    I agree with you that they should not be embarassed. They have done nothing wrong but these incidents have also created room for self-introspection. Why is it that the muslims all over the world are projected as trouble-makers? Its high time that muslim intellectuals give this question a proper consideration rather than simply sweep it under the carpet saying that we didn't do all of this/we are being attacked as minorities/it emanates from poverity and lack of education and so on.


    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results


    Well said, nobody on IV forums will advocate killing innocent Pakistanis. Many will support such precise bombings. We don't want to turn India into another terrorist nation.


    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.


    Yes the internal problems must be addressed. I agree with you. I completely condemn the attacks on innocent christians and muslims. Its sad and its embarassing for me despite the fact that I didn't have any role to play in it. But that has to be done without any discriminations.
    Uniform civil code (http://en.wikipedia.org/wiki/Uniform_Civil_Code) must be implemented. Muslim appeasement politics must be stopped by Congress party. We don't want to see any repeats of Shah Bano (http://en.wikipedia.org/wiki/Shah_Bano_case) cases. No special Shariat laws for Muslims.
    Hindus must be allowed to procure land in Kashmir, unconditionally. Kashmiri pandits who have lost everything in Kashmir must be reinstated. Article 370 (http://en.wikipedia.org/wiki/Article_370) must be abolished.


    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this


    I would not ignore Gujarat and Orissa as much as I would not ignore Godhra massacre. I agree the guilty be brought to justice and punished.
    Its difficult to do it internally and its more than difficult to do it for our external enemies.
    But it doesn't make your point invalid.



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  • acecupid
    08-06 06:17 PM
    A young man walked into a jewelry store one Friday evening with a
    beautiful young gal at his side.

    He told the jeweler he was looking for a special ring for his
    girlfriend. The jeweler looked through his stock and brought out a
    $5,000 ring and showed it to him.

    The young man said, "I don't think you understand, I want something
    very
    special. "

    At that statement, the jeweler went to his special stock and brought
    another ring over. " Here's a stunning ring at only $40,000, " the
    jeweler said.

    The young lady's eyes sparkled and her whole body trembled with
    excitement.

    The young man seeing this said, "We'll take it. "

    The jeweler asked how payment would be made and the young man stated, "
    by cheque."

    "I know you need to make sure my cheque is good, so I'll write it now
    and you can call the bank Monday to verify the funds and I'll pick the
    ring up Monday afternoon. "

    Monday morning, a very teed-off jeweler phoned the young man. " There's
    no money in that account."

    "I know ", said the young man, "but can you imagine the weekend I had?





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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?



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  • Saralayar
    08-05 11:14 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
    Well said. But in a little rude way.





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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.

    Regards.



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  • GC_Applicant
    04-08 11:44 PM
    Not that I am going to buy right now., but want to get my home work done.

    Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.

    Thanks for all the great info.





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  • pappu
    07-13 11:37 AM
    My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
    When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
    I guess they will find some other way to mess up.

    IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.



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  • brad_sk2
    01-06 02:19 PM
    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?

    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs





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  • Macaca
    02-15 05:34 PM
    San Francisco's Democrat (http://online.wsj.com/article/SB120303714722970265.html?mod=opinion_main_review_ and_outlooks) WSJ Editorial, Feb 15

    Speaker Nancy Pelosi and House Democrats appear to have decided that November's election is a distraction from their effort to simply pull the plug on a sitting President. How else to explain what is happening in the House this week?

    Democrats voted yesterday, for the first time in decades, to hold two White House officials in contempt of Congress. Hours later it emerged that Ms. Pelosi has apparently decided not to vote on the warrantless wiretap bill passed by the Senate days ago. This means that the Protect America Act -- which conferred Congressional support to wiretapping suspected al Qaeda terrorists -- will expire at midnight today.

    We admit to wondering earlier this week whether Congress's interrogating Roger Clemens was the best use of the Representatives' time. On the evidence, the country will be safer if the House takes up tilting at windmills.

    Speaker Pelosi says that letting the Protect America Act evaporate is no big deal. But the Director of National Intelligence told Congress last summer that the Administration lost two-thirds of its terrorist-surveillance capacity after it agreed to go to the Foreign Intelligence Surveillance Court and a judge there required a finding of probable cause to listen in on terrorists abroad.

    There are in fact enough Blue Dog Democratic votes in the House to pass the Senate bill, which had Democratic support there as well. But Ms. Pelosi instructed House Intelligence Committee Chairman Sylvester Reyes to begin negotiations with the Senate on a compromise bill. This effectively tosses the entire surveillance program into a kind of limbo, with all players uncertain about its practical authority.

    This was of a piece with the remarkable contempt vote against White House Chief of Staff Josh Bolten and former Counsel Harriet Miers, which passed 223 to 32, as Minority Leader John Boehner led the Republican delegation out of the chamber. The pretext for this historic moment? The fight over the fired U.S. Attorneys. Remember that?

    This is the scandal that vanished because there was nothing to it. U.S. Attorneys are political appointees who serve at the pleasure of the President; he can fire any -- or even all -- of them if he sees fit. This nonscandal seemed to fade into the mists after it hastened the departure of Attorney General Alberto Gonzales. Ms. Pelosi asserts that this virtually never-used contempt vote is necessary to ensure "oversight" of the executive.

    Mr. Bolten and Ms. Miers, however, refused under orders from the President and on the advice of the Solicitor General, on the principle that the President's advisers should be free to give advice to the President without being called before Congress to explain themselves. Democratic Presidents to the horizon have made this claim.

    Every time he speaks, Barack Obama promises to overcome "bitter partisanship and petty bickering." Good luck with that. The House Speaker from San Francisco is obviously running her own campaign to gain control of the White House. The needs of the party's Presidential candidates appear to be a distraction from this.


    The House Strikes Back (http://www.washingtonpost.com/wp-dyn/content/blog/2008/02/15/BL2008021502107.html?hpid=opinionsbox1) By Dan Froomkin | washingtonpost.com, Feb 15



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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.





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  • SunnySurya
    08-05 10:45 AM
    And may I please ask how do you know that?
    May be 1% of EB2. Good to know that.



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  • GCBatman
    01-06 12:42 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I think we discuss these kind of news in IV. Don't you know that?





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  • another one
    09-29 05:14 PM
    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...


    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.





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  • rockstart
    07-14 10:43 AM
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).





    gimme_GC2006
    03-23 02:19 PM
    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US





    GCapplicant
    07-13 09:53 AM
    The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.

    I am in signing this letter.

    its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.

    I request even EB2 to support this cause and help.