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  • g1FTP
    06-16 03:27 PM
    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.




    I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:

    IMHO simsachu's reasoning is sound.

    Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.

    You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.





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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • BharatPremi
    12-13 02:07 PM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.





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  • mbawa2574
    05-28 11:10 PM
    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

    This fraud has to stop. There is nothing called as MNC manager. These are basically sweat shop slave supervisors. None of these clowns make a 6 figure salary and can match the skills of people in EB2 & EB3 category.



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  • ramus
    06-28 01:00 PM
    Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..



    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • sachug22
    10-07 05:00 PM
    Some additional assumption in the calculations

    China gets its share of EB2 numbers (by priority date)
    95% cases are approved and none are delayed
    EB3 to EB2 porting and cross-changeability ignored (they counter each other)
    I-485 filled in last few months will not be approved (processing delays)
    DOS/CIS are efficient and follow rules.



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  • letstalklc
    09-03 11:25 AM
    Very sad news...May his soul rest and peace....

    Guys don't put any bad comments against him, Please not that I am not associated with any political party.......it's not good to put bad comments against the person that he is no more....





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  • sledge_hammer
    05-28 10:37 PM
    Damn USCIS!!!!!

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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  • srikondoji
    06-26 12:44 PM
    hope so.

    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.





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  • conchshell
    09-23 08:27 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.



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  • hopefulgc
    09-23 11:43 AM
    And so it begins... a guy puts on the table a good idea.. and then everyone start listing what is wrong with it or how it does not fit in their small self-centered universe.

    Let the censure begin!


    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis ? the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor?s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most ? at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT





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  • waitingnwaiting
    01-05 05:16 PM
    Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:

    Are you one of the the guys selling it? No harm listening to both sides of the argument.



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  • whitecollarslave
    09-23 12:14 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.





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  • venetian
    05-12 04:04 AM
    Come on guys

    Why there is so much name calling

    I read the entire forum postings to get a perspective. I might quote from most of the participants.

    Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.

    In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,

    Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.

    As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.

    We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.

    Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?

    Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.

    A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?

    PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India

    Nandakumar,

    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?



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  • pappu
    07-03 01:05 PM
    /\/\/\





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  • poorslumdog
    05-03 01:48 AM
    [QUOTE=blueyonder;338511]

    Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.

    Its not he....Its you...yes, you are the one comng in three different IDs and supporting yourself.:eek:



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  • alisa
    02-13 07:09 PM
    Man this is complicated. I agree with you.

    Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.

    This is not a legal issue. And this is not an issue of morality.
    This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.

    As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.

    What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)

    Lets see how long it takes before I have to reiterate this point. The clock starts now.

    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....





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  • indyanguy
    07-03 10:43 AM
    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
    3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?

    Thanks in advance





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  • vbkris77
    09-14 03:35 PM
    I got the below numbers from the PERM FDLC site.
    2005 India 1353
    2006 India 3888
    2007 India 60
    2008 India 10

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)

    Unless you source is different from mine, India total PERM LCs were as below.

    2005&2006 - 25000
    2007 - 25000
    2008 - Not many
    2009 - Not many, but unknown

    Even at 50% EB2, EB3, we will have a long wait. There will be a visa demand of upto 60,000 for EB2.

    We know that sometime back, one of an IV member got response from a senator that EB2 India backlog is 45,000. Even if I agree that there are 5K approvals in Sep 09 alone, EB2 still has 40,000 pending with PD before July. I am only adding 40% from there even though every India applicant knows that EB3 F***dup and a joke.

    So we have a long wait.. Lets admit it..





    gc_lover
    06-27 07:55 AM
    Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
    There was a thread by logiclife about this rumor and his discussion with his lawyer.





    greatguy
    01-24 10:07 AM
    I think, it is too light a sentence for the crook