Wednesday, June 29, 2011

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  • gsc999
    04-07 02:45 PM
    "IV Professional Network" is a great idea... are you thinking inthe line of NetIP???
    for that should we not think of new sister website! with a link provided on thru IV website!
    --
    Good point.

    Just to let you know, I have spoken to our counterparts at NETIP, at that time they were having their annual convention and after that we got busy with our DC rally. Thanks for reminding, this is an area worth exploring again. Are you an NETIP member? Maybe, you can help us facilitate this partnership. PM me your ph # and we can talk.





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  • sroyc
    09-25 06:19 PM
    I don't know if there was a memo. I think AILA communicated this to the lawyers and I read it on Ron Gotcher's forum.

    Apparently, the re-interpretation of laws were based on the changes in AC21, something they were ignoring till 2008.

    Thanks. I also do not want to drag us into that direction. Just for the sake of my satisfaction, may I ask to you or anybody here to put any link/doc for any memo or other USCIS doc which states this?





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  • Kodi
    05-23 09:27 PM
    Mine took 6 months for perm labour from Atlanta. It is all luck again how fast it will be done.

    Is this EB2 or EB3? Is there a difference in the approval time if you're EB2 ROW?





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  • waitnwatch
    02-01 06:58 PM
    I apologize for this mistake to everyone .....I changed the header to reflect my error.

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



    I may be completely wrong but this is what I see on thomas.loc.gov


    Appended to the Minimum wage bill was SA187 which amends SA112 sponsored by John Kerry and consponsored by Sununu, Snowe, Landrieu and Lieberman.

    Senate Amendment SA 187 seems to have passed with unanimous consent. This is what it apparently contains among a lot of other stuff... Please correct me if I am wrong.

    -------------------------------------------------------------------------
    TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION


    SEC. 1601. ELIMINATION OF EXISTING BACKLOGS.

    .............................

    (b) Employment-Based Immigrants.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

    ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

    ``(1) 290,000;

    ``(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and

    ``(3) the difference between--

    ``(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those years; and

    ``(B) the number of visas described in subparagraph (A) that were issued after fiscal year 2005.''.

    SEC. 1602. COUNTRY LIMITS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended--

    (1) in paragraph (2)--

    (A) by striking ``, (4), and (5)'' and inserting ``and (4)''; and

    (B) by striking ``7 percent (in the case of a single foreign state) or 2 percent'' and inserting ``10 percent (in the case of a single foreign state) or 5 percent''; and

    (2) by striking paragraph (5).

    ...............................


    (b) Preference Allocation for Employment-Based Immigrants.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended--

    (1) in paragraph (1), by striking ``28.6 percent'' and inserting ``20 percent'';

    (2) in paragraph (2)(A), by striking ``28.6 percent'' and inserting ``20 percent'';

    (3) in paragraph (3)(A)--

    (A) by striking ``28.6 percent'' and inserting ``35 percent''; and

    (B) by striking clause (iii);

    (4) by striking paragraph (4);

    (5) by redesignating paragraph (5) as paragraph (4);

    (6) in paragraph (4)(A), as redesignated, by striking ``7.1 percent'' and inserting ``5 percent'';

    (7) by inserting after paragraph (4), as redesignated, the following:

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



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  • anilsal
    09-21 09:50 AM
    first name(not the shortened version) means "luminous/shiny".

    His parents caught his aura at birth and named him appropriately.

    http://www.flickr.com/photos/gbarquero/1412618261/





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  • RajForGC
    02-19 04:59 PM
    Hi I am in process of filing 2nd PERM EB2 next month, my attroney says if the new position and job req is different then I should be fine(which is different than my previous Eb3 with 140 approved, Other Contries). But during my research I found some of the people are saying if 2nd PERM is file for Same employee , diff postion with same employer , it will hang at DOL for ever and I also found below posting only on Zhang & Associate:

    DOL�s Rules about Multiple PERM Filings for the Same Person

    About the PERM multiple filings, the DOL recently confirmed that if an employer has an APPROVED PERM application and files a second PERM for the same employee and a different occupation, the DOL will issue an audit requesting the return of the first application or an explanation of why there is a second application being filed and the first application can not be returned. The DOL is working on providing an FAQ which outlines acceptable situations where they will approve a subsequent PERM application.
    The DOL also stated that if an employer has an APPROVED PERM application and files a second PERM for the same employee and the same occupation that the case will be auto denied. The DOL acknowledged that this poses a problem because there are valid reasons (e.g. change in worksite location) for filing a subsequent case and is working on this situation. In the meantime, the employer must either decide to withdraw the first case before filing the second case or file a motion to reconsider on the second case if it is denied explaining why it couldn�t withdraw the first case.
    (12/25/2006)
    "
    http://www.hooyou.com/news/news122506perm.html

    I am really confuse, any one in similar boat or have any experience reagerding this matter or any attoreny please help.



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  • kumar1
    01-23 11:23 AM
    Just one point Slumdog -- You know, I have never seen anyone who rents, writing this kind of a story and justifying his decision. I wonder, why not? Why do YOU have to justify over here? Are you justifying to others or you are justifying to yourself?

    You put too much stress on "quality of life". One can have a good quality of life in a small apartment.

    I keep telling my wife that our apartment looks small only when she goes to department stores and shops like crazy. Our walk-in-closet is the nearest thing to a Black Hole. Mass density is so high in that area that pretty soon even light would not come out of it.

    I strongly believe in "Simple Living, High Thinking". I can not say I implement it all the time, however, I try to keep it in my mind during my decision making process.

    Slumdog, You have great writing skills.





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  • sathweb
    07-11 05:46 PM
    If they accept all 500k I-485 application. They will have more than 140k cases eligible for approval every year. I don�t see any visas will get wasted.

    I agree, i am afried that this is going to back fire and would let USCIS waste visa numbers and we all can continue our wait ever after. Nice job



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  • pmpforgc
    04-09 03:03 PM
    I am happy that many of our high skilled community has understood my idea and supporting this thread. Yes definitely Core IV needs to look into this. You can also include your valid points so that core IV team can consolidate and research on this.

    IV or other organization

    can propose

    ANY one who has PAID US FEDERAL TAXES for Five Years ( Irrespective of their visa categories) and HAS MASTER OR HIGHER DEGREE IN THE STEM FIELDS, Should get their GC in THREE YRS after Getting their Greencard.

    ( Similar to marriage to citizen)





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  • CSPAvictim
    07-11 05:53 PM
    We need to acknowledge her support and do something to convey our happiness/gratitude over her reaction to this mess.

    Before we ask Congresswoman Zoe Lofgren for any further help/support, don't you guys think it will be appropriate to first thank her in some kind of noble way? Any ideas?

    I personally think (at least to begin with) a letter expressing gratitude for and our faith in her efforts would be a nice gesture.:)



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  • priderock
    06-29 10:42 AM
    It looks like most people want to believe just what is good for them. I have yet to see the document that says "It is illegal to issue interim visa bulletins or stop accepting applications mid month".

    Don't kill the messenger.

    Be concerned and be VERY CONCERNED. Being in denial will not help. Work with the assumption that the dates might go back any time. If your conditions does not permit you to file in the first week there is not much you can do. Tough luck if the dates go back. But if there are things you can do , please do...

    I will give you an example, It is very difficult to get medical appointments where I live and the first opportunity was July last week. I traveled 120 miles (not much) and got mine done last week, where as a friend of mine did not want travel and took the local appointment for Jul 3rd week assuming he can file by Jul31. With the change in dynamics he has to revise the plans and may not get the appointment 120 miles away.

    I mean to say, work with the goal to apply ASAP.





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  • whattodo
    04-19 08:16 PM
    Hi

    My wife have H1B approved in 2005.Her stamping was refused on 226(g) section.She came to u.s.a on H4.Now her employer has applied for premium H4 to H1 transfer for her.

    We didnot hear anything from them.It is already 2 weeks.

    If it goes through.Does she need to go back for stamping to start working.

    How the things will be?

    How long the process will take (transfer)


    If the attorney can help me in this,it is really great and appreicable
    thanks

    srinivasa


    What is 226(g) section? Can you elaborate on why was H1 stamping denied even when you had H1 approval.



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  • dilber
    05-23 02:58 PM
    I removed congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills

    Hi all of the people who did not call!!! Just look at the response we got we already have 2 of the caucus members as co sponsors of the bill If every member of IV called I have no doubt that most of them will become co sponsors but also that the bill will pass. It is our time. We need this to happen.....

    Please call, BTW what do you people think about calling again? I think it will count as more support?? Let me know what you guys think and may be all the people who are active can call again....





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  • GC_sufferer
    07-11 04:50 PM
    Agree.

    What's up with this site. I thought they updated the server yesterday and we shouldn't see the kind of downtime as we have been seeing in the past but I still don't see any difference. Did the server upgrade not make any difference. May be we should do a fund raising for server upgrade only. This is so frustrating that whenever there is some exciting news, you can't rely on IV webpage because it goes down. If core team needs money for server upgrade, I am all for it but someone please fix this.



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  • ita
    05-16 02:28 PM
    Guys ... Ron has reported this campaign on his website forum:

    http://immigration-information.com/forums/showthread.php?t=5110

    I like his blog title : Its time to pull the teeth of the Hispanic Caucus

    I am trying to get it listed by Matthew Oh, Sheela Murthy, and Rajiv Khanna

    Thank you conchshell and thank you everyone !!.





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  • sobers
    06-09 02:35 PM
    In light of nyte-crawler's post above on the conference process, the Pence proposal seems to be debated in GOP circles. If the conference is annouced, we'll see something like the Mike Pence plan emerge. That is why Border hawks like Tancredo vehemently oppose this...

    http://www.teamamericapac.org/

    I bet intense pre-conference talks are going on...



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  • purplehazea
    05-16 11:49 AM
    I sent you a private message. Check your messages.





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  • Edison99
    09-29 11:41 AM
    Could you update your profile before drafting your plan? It helps IV community to understand your concerns�

    Well I had called a NY congresswoman when I was stuck in a H1 name check. I found them open and willing to help. She even contacted the FBI.

    Well I am just an ordinary person, and the same as everyone here, and not saying I will do everything myself. There are persons who are better skilled at this and know the immigration law better.

    Also don't rule out lobbying, I just said we also need something else that should justify our case without a lobby. I'm asking for suggestions or ideas.
    I may be new here, If you see my post on the other forum, I'm asking for the creation of an organization with skilled people who will create a new campaign among legal immigrants. Kind of like Grass roots movement.





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  • yabadaba
    10-12 04:28 PM
    Chronography of facts

    EB was current from AUGUST 1999 until April 2000.

    This warning was issued in the March 2000 VB:
    VISA AVAILABILITY FOR APRIL(2000)

    �Demand for immigrant visa numbers by INS for AOS cases in all categories, continues to be steady but has not reached the level requiring action at this time. It is anticipated that INS demand for numbers will require the establishment of visa cut-off dates for April in some or all of the CHINA-mainland born and INDIA Employment categories�.

    In May 2000. EB2 was retrogressed to 01JUL97 for China and 01APR99 for India

    In December 2000 VB the big announcement came:
    Greater availability of EB immigrant visas: On October 17th, the President signed P.L. 106-313. Title I of this law is known as the "American Competitiveness in the Twenty-first Century Act of 2000" and contains amendments to the INA regarding EB immigrant visas.
    In fiscal years 1999 and 2000, due in part to the per-country limits, the annual limit for EB immigrant visas was not reached. P.L. 106-313 makes the following changes in an attempt to rectify the situation with regard to per-country limits:
    Section 106 recaptures those EB visa numbers that were available but not used in fiscal years 1999 and 2000, creating a "pool" of approximately 130,000 numbers. These numbers could be made available to applicants in the EB1, EB2 and EB3 preference categories beginning in fiscal year 2001.
    Section 104 removes the per-country limit in instances where the overall applicant demand for EB visas is less than the numbers available without regard to those limits. This determination will be made quarterly, based on a comparison of the overall demand versus the available numbers. If the total number of available EB visas is greater than the number of qualified applicants who may otherwise be issued such visas (during the same period), the per-country limitations on EB visas will be lifted for the remainder of that quarter.
    In May 2001 EB2 became current again for both India and China.

    July 2001 VB:
    EMPLOYMENT-BASED PREFERENCE CATEGORIES:
    All categories have become "Current" for July, and are expected to remain so for the remainder of FY-2001. The cut-off date movement in all oversubscribed categories has been extremely rapid during the past year. This is because the FY-2001 limit is approximately 50,000 higher than normal, and legislative changes removed the per-country limitation if there are otherwise unused EB numbers available.
    All categories are expected to remain "Current" for the foreseeable future.

    January 2005 VB
    OVERSUBSCRIPTION OF EB3 FOR CHINA, INDIA, AND THE PHILPPINES

    June 2005 VB
    EMPLOYMENT VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
    During the past month there has been a significant increase in the amount of numbers being used by CIS offices for AOS applicants. This level of demand has significantly depleted the supply of EB numbers available under the annual limit. Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand. Therefore, continued visa availability in the EB categories cannot be guaranteed during the final quarter of FY-2005. If demand continues at the current rate, it will be necessary to oversubscribe many or all of the EB categories on a Worldwide basis. Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming �unavailable�.
    July 2005 VB
    EMPLOYMENT VISA AVAILABILITY FOR JULY AND THE REMAINDER OF FY-2005
    EB3 and Third Other Worker categories have reached their annual limits and no further FY-2005 allocations are possible for the period July through September.

    September 2005 VB
    EMPLOYMENT VISA AVAILABILITY DURING FY-2006
    The backlog reduction efforts of both CIS, and the DOL continue to result in very heavy demand for EB numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the EB3 category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a EB3 cut-off date on a Worldwide basis by December.
    The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the EB1 and B2 categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
    The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.

    October 2005 VB:
    EMPLOYMENT PREFERENCE VISA AVAILABILTIY
    Item D in the September VB announcing the September cut-off dates provided information regarding the prospects of visa availability during the early months of FY-2006. Many categories have become oversubscribed for October, and cut-off dates established due to continued heavy demand for numbers by CIS for adjustment of status cases. Forward movement of the cut-off dates in these categories is likely to be limited.

    And IV was born.

    Have a nice weekend.
    --------------------------------------------------------------------------------

    excellent, excellent post. all facts, no conjecture.





    looivy
    07-16 01:59 PM
    Thankyou , Just wrote my cry!

    Pl send your template so that we can write to our senators/reps etc





    saileshdude
    04-08 03:30 PM
    EB1 spillover may never come for some time in the future. The Indian IT companies are applying under EB1 for their PMs and Senior PMs (req: BS in any discipline + 6-7 yrs exp), labeling them as multi-national executives. They are also making the employee pay for the 140 and 485 so that the financial impact is reduced a lot by a potential rejection of the 140.

    This is as much BS as labor sub. I think everybody here knows how tough it is to get EB1 classification for researchers. But what scrutiny is there for these "multi-national executives" ? All they have to do is spend some time in India or any other country as a PM or SPM, come to the US on H1B and promptly apply under EB1. :mad:

    You nailed it. This is the other form of labor substitution loophole the indian IT companies are using. Even I have started to hear quite a few cases now that indian IT PM or manager are being labelled as multi-national executives. If this is not stopped then any relief from spillover, you can just forget about it. I have heard lot of cases now like this and we need to do something about it. Only genuine candidates should be able to apply in this category.



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