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docp06-03 06:04 PMthis article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
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gdilla05-11 04:06 PMNo country in the world will give you credit for pension contributions you've made in another country. If you haven't earned enough credits to draw from SS in the US when you retire, then you get nothing. Period.
Remember, the SS tax is a tax, not an etitlement. "Paying in" guarantees nothing. By the time you retire, the fiscal health of the SS system may be so drastically different (in part dealing with all the baby boomers) that you really shouldn't count on it even being available in any way that makes a difference in your life.
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Rohan9907-22 12:46 PMI had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Iam sorry, by OP I meant the original poster of the thread (The person who wrote the first post) not yourself. Your post is perfectly ok like all and its a fun thread. You are a nice guy :). My bad in quoting your post and causing the confusion.
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_TrueFacts09-04 11:26 AMIf you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....
Right on point again by vivid_bharti,
How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.
I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
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snthampi07-30 11:58 PMGave you green for making me laugh. I am adding step 8.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
:D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.
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JunRN09-23 12:29 PMI think the $700 billion bail-out will just go down the drain and will be lost due to market speculation...stocks will spike but then will go back to its lows or even lower....and then, check-mate!
it's like a band-aid to a big wound.
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hydboy7706-04 01:13 PMThis is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
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Desichakit07-24 07:33 PMEver Since August Bullitien came out Ron has posted not to raise any hopes
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gc2826201-24 01:34 PMKindly visit this forum
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.
In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.
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gdilla07-26 02:25 PMI suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
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tonyHK1201-13 01:05 PMI think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
1. They do not understand and know nothing of how IV works (just like plainspeak)
2. They want to get donations and members away from IV and make money
These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.
I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
There is an old chinese saying
Be careful what you wish for it just might come true
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.
The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.
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NKR02-13 11:24 AMWhat is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
There is no such thing as POW in immigration. I was kidding when I said that. With immigration mess I am feeling like one POW (prisoner of war).
There is limit on visa numbers allocated to each country, So retrogression has affected people from India, China, Mexico and Philliphines more since the maximum number of people applying for EB category GC are from these 4 countries and . "Rest of the World - ROW" refers to any country which is not the above four countries.
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abhijitp07-04 11:20 AMNeed more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands
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peacocklover09-29 04:48 PMUS Govt should realize the contribution of these high tech talented legal immigrants (gooses of golden eggs (http://en.wikipedia.org/wiki/The_Goose_that_Laid_the_Golden_Eggs)). I sent to HDTV and also to all of those given contacts ( contacts (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw))
Please keep trying to help the govt by sending to all of those contacts and also media channels.
God should help us and also this country.
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Googler02-15 10:28 PMMy friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
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snathan03-30 02:08 PMMay I know who is that redard gave me red...?
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amsgc07-03 10:39 PMHere's my take for reporters/commentators - Request for review and feedback
Dear Sir/Madam:
I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.
At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.
On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.
The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.
The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!
The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.
It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?
The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.
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roseball07-10 11:48 AMhow long did it take you get your canadian PR adn when did u apply? please share
I replied to your pm....
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michellezbb07-03 06:37 PMplease at least send out to your state's senator.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Dear Mr. Senator,
My name is xxx, and I’m working as an xx in xx,xx.
I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007
As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!
As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.
I have below questions needed to be clarified:
1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?
2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.
3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?
Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.
Thanks and best regards,
xx
gvenkat02-13 01:57 PMPer country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
shana0410-15 03:11 PMI have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
Amen! I wish your predictions come true.
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