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  • shreekhand
    07-04 10:28 PM
    A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations

    1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.

    2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.

    3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !

    4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.

    5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)

    6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
    If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
    But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!

    Loose ends:

    1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.

    2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!





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  • nyte_crawler
    04-07 12:32 PM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.

    You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.





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  • mps
    04-23 09:43 PM
    Hearty Congratulations !!

    You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)





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  • nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.



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  • logiclife
    04-23 05:29 PM
    Everyone, calm down.

    Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.

    It was a public event and it was well within your rights to ask your question. Fine.

    Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:

    1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...

    Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.

    You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).

    Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.

    2). Need to have a polite tone.

    This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.

    In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.

    Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.

    And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
    Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.

    Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.





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  • suresh.emails
    01-18 01:19 PM
    In Singapore, the ministry of manpower (MOM) issues a credit card size Employment Pass (EP) card/Work permit. This card enables every one NOT to carry passport at all times.

    For citizen/permanent residents in Singapore, the government issues pink and blue cards called SING PASS. Which enables them to prove their identity.

    We need some kind of cards in USA too, which show our identity and work status. Why don't we make this part of IV agenda. This would enables us to have some peace of mind.

    We know, we cannot carry passport at all times (work, outing, groceries etc).

    We must do some thing with this too.



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  • gc_on_demand
    11-17 10:44 AM
    I think Senate is already there for lameduck,,,

    Come one folks from california.. We can do it..





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  • desi3933
    02-09 03:14 PM
    And reply you will never get.

    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.



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  • vkrishn
    07-16 11:32 AM
    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

    Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.

    My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.





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  • cps060
    03-19 06:13 PM
    Thanks for the information.
    Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.

    Please tell me your views/experiences.


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..



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  • chanduv23
    09-28 11:25 AM
    People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.

    But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.

    And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.

    This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.

    If we do not unite and still continue to do things in small numbers, things will not change easily.





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  • ashwin_27
    02-08 05:32 PM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.



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  • harish
    04-29 09:44 AM
    I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!

    Many congratulations to you!





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  • rajuram
    12-11 10:25 PM
    I got letters with receipt numbers for my wife and I.



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  • PresidentO
    03-10 01:31 PM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    Let me guess. You are brother/sister of Ron Hira who is in bed with programmers guild and who wants to shut the golden door as soon as he is done. Ron and ilk would never say that they/their parent's stole an American job. They are all genuine and we are all fraud. If you can stay permanently, We can too. Cut the crap! Kid

    You showed your two big foot in your mouth by saying that immigration policy has nothing to do with this and this is purely supply/demand. Whom are you trying to kid? Supply and demand changed because the immigration policy changed. H1B visas were increased from 65K to 195K, without a increase in the GC numbers. Folks on the hill made businesses happy by increasing the H1B numbers and did not care a rat's ass about how the increase will choke the GC system. The effect is compounded with 245i and USCIS inefficiency. But the root cause is policy that did not encompass all aspects of Employment based immigration.

    You moron! People just did not come here night over night flying on their wings. It is the policy stupid that created the supply/demand problem. You don't need to lurk and then lash out by taking a conversation out of context. The guy who quoted the 2A was just quoting the retrogression times in EB and FB and was pointing out the absurdity. Of all the people, you thought EB folks dont care about family and unification issues. Yeah right! What else you gotta spit?





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  • franklin
    09-19 11:40 PM
    Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.

    It makes no sense to through that away



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  • akilhere
    10-12 03:42 PM
    Hi 'akilhere',

    You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.

    I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.

    It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).

    I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
    It also says that I don't need to take another medical exam for this.
    I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
    Thanks,





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  • abhijitp
    07-24 07:59 PM
    Folks,
    Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.

    I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.

    My worry is what if i don't even get a RN and get a reject?

    It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:





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  • amsgc
    07-04 07:53 PM
    Ramba - Excellent post!

    The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
    But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.





    svr_76
    06-10 01:38 PM
    @eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.





    .soulty
    03-11 12:33 AM
    thats better.. cool, so i'll contact grinch to see if he is happy to get this poll ready.



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