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whitecollarslave

02-12 01:11 PM

http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.

How can we find out if EB provisions are there?

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bigboy007

02-13 12:04 PM

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.

Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.

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breddy2000

09-04 03:54 PM

If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...

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dummgelauft

06-15 09:15 PM

I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!

NNReddy, good for you if you believe this.
I myself find it hard to do so. Infact, I envy your optimism.

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gc28262

01-14 01:14 PM

V true.

Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

Nathan is exactly right. These firms have created a mess by bending rules everywhere.

Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.

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test101

07-04 10:33 AM

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sunty

02-12 11:00 PM

Lawsuit might be worth looking into...If you see majority of any type of immigration fixes, a lawsuit or a threat of a lawsuit has been one of the major reasons for USCIS to give some ground....

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ramus

07-03 04:06 PM

Anybody have any contact with NPR.. Can we just 10 mins somewhere..

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paskal

02-14 03:13 PM

Since the lawsuit is about the getting the lost visa numbers it will be a good case.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

The law does not mention anywhere that u cannot recapture numbers.

the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.

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mirage

04-20 04:39 PM

This one is quite interesting...........
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NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
candidate only of the Gandhis and not of the entire UPA.

"Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.

"Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.

Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.

Modi also said preferably the prime minister should be an elected one and not nominated.

"Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.

He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."

"Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.

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Green_Always

08-15 05:42 PM

Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?

There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?



I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?

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sumagiri

07-23 12:42 PM

There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.

Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.

More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.

Legal,

I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.

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HumJumboHathuJumbo

09-23 04:28 PM

the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.

very true! Its like you get a job as a driver in a middle class house in india and suddenly your master loses his job and is ready to lay you off. If you realize the fundamentals, you will find a job somewhere else. If you start begging your master to let you clean the dishes so you can still stay, then you got problems.

In this day and age, everyone should know when to cut their losses.

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mbawa2574

02-15 07:18 PM

That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.

IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.

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lskreddy

04-22 06:36 PM

Check your messages Suresh. Thanks.

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phenyle

07-28 06:23 PM

Hi,
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

Please advice what i could do to find out why my processing has been delayed.

Thanks,
ashish

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apnair2002

04-29 09:23 AM

04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.

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kaisersose

02-13 12:07 PM

I think the US government wanted it this way.

Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .

This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.

Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.

Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.

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sh2005

02-12 03:38 PM

I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.

Ramba,
I see the comment where USCIS said date movement can slow down or stop, but didn't say anything about going back to an earlier cutoff date. Of course, I am pretty sure that State dept didn't take into consideration the new Name Check rule. So as we have seen before, anything is possible :)

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ocpmachine

09-15 10:43 AM

This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

-Cheers

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unitednations

02-14 12:02 AM

Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.

It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/

One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.

India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.

If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).

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