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  • gunabcd
    07-17 10:17 PM
    if i was an EB-3 applicant (thats AFTER EB-2 and AFTER EB-1) i would be careful about who i call stupid and educationally unqualified.....chill big guy....:)
    if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.




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  • admin
    03-17 03:51 PM
    Hi,
    Based on the summary if you re-look at the student visa section of Bill Frist's bill

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.


    What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)

    Or have i got this wrong?
    Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.

    piyushpan,

    Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.

    However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.




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  • pappu
    11-14 08:26 PM
    December Visa bulletin is obviously frustrating for all of us. After the recent accomplishments in July visa bulletin and the tons of approvals that we saw after that, we hoped that everything will be alright.

    But that did not happen. Some of us in the community were taken by surprise, but this was expected. Afterall there are only 140K greencards available every year. EB2 for India and China is already used up for the quarter. EB3 is badly retrogressed for everyone.

    Believe me, it will not get any better. It will get worse with time if there is no immigration reform.

    IV can only do what its members empower it to do. If members want us to be just a site for question and answers for individual visa problems we can stay like that. If members want us to come together and do a rally in DC, we will help organize it. We did a rally in DC on Sept 18 and made great progress. However we cannot just sit back and admire one effort. We need to continue it and capitalize on it.

    Now is the time for everyone to decide if they want a greencard. If you need a greencard, and want to do something about it, then you must join this effort and help yourself by helping everyone.

    Our Plans

    Our next hope is year end bills. If we can get some provisions in those bills we can certainly look forward to a happy new year with fast movement of visa dates. Next year is an election year and it will become much tougher for any immigration bill to pass. We will need to make super extra push next year for something to happen. So the time to act is NOW.

    We have achieved great successes when we all came together and did something. If you need proof read Macaca’s post with compilation of our achievements. http://immigrationvoice.org/forum/showpost.php?p=181953&postcount=216

    IV only asks 3 things from each one of you. Having these 3 pillars of support from members we will be able to increase our chances for an year end push.
    ================================================== ===============================
    1) Please sign up for monthly contributions. Monthly contributions help us plan ahead of time and commit our resources. Your participation will determine how big of a push we can afford. Just $50 every month per person can have significant effect on the overall push that IV can plan so please consider contributing.. http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
    Please post on this thread, if you have signed up for monthly contributions.
    ================================================== ===============================
    2) Join your state chapters now. Get together with your fellow community members and meet your local lawmakers. We are a grassroots effort and can be successful if each one of us makes a sincere effort to meet our lawmakers and apprise them of our issues. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
    ================================================== ===============================
    3) Consider yourself part of something big. What we are doing is something big. We have already done what was difficult to think when this organization was started. Today we have become a big force and a voice of legal high skilled community. Each one of you defines what IV is. Your posts, your talks with media, your talks with your friends about IV, your talks with your employer about immigration problems, your time and effort you put in for IV defines who we are. Each one of you is important for the success of this effort. Each one of us is a voice and we have converged our energies to make a strong voice. Please consider yourself an integral part of IV and actively participate in the effort.
    ================================================== ===============================
    Let us start a massive effort in this direction and make a year end push!




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  • thepaew
    06-01 11:17 AM
    228 people are possibly dead. Save your glee for another day.

    Isnt this Ironic that Air France Flight went missing on coast of Brazil.

    I think someone up in the sky has whipped at Air France.



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  • walking_dude
    10-04 11:55 AM
    IMO we should first try to form a local chapter. If that doesn't work try to combine forces with nearby states like IN, OH, IL etc. to form "Mid West" Chapter ( like New England and Tri-Sate Chapters).

    Co-ordination with IL chapter will be critical for us (and others too) in the coming days as Mr. "anti-legal immigration" Durbin is the senator there. We need to start acting - NOW - to convince him to drop anti-immigrant measures such as "barring H1Bs from consulting business"; instead of waiting on him to introduce his "Prevention of H1 & L1 Fraud Act" (and discuss it on IV ad nauseam without making the slightest impact)


    Someone suggested even joining the illinois chapter - maybe thats the way to if there aren't many here




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  • gcadream
    06-10 02:31 PM
    I'm so reliefed and excited to see the bulletin site after so many years...
    At first it look like a prank to me, like what happened last month.

    But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.

    Its really a great great news after a long long time !!
    Someday I will also complete my journey :)



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  • amitjoey
    05-25 03:33 PM
    Unfortunately, unless we write to our senators, congresswo/men, and media our issues are going to be sidelined. That is why we need to call, write emails and get to DC, step up the advocacy effort.




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  • clif
    04-28 10:54 AM
    Thank you IV and the IV Community.
    Contributed $100. (8K977573P7306562V)



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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • amitps
    09-26 08:46 AM
    MLS

    How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio

    Thanks
    Nat

    You are still in a very early stage, change your law firm. Fragomen will be a PAIN to deal with....



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  • logiclife
    02-11 10:55 PM
    All your questions about Immigration Voice�s funds and financial disclosure are answered here:

    Youtube:

    http://www.youtube.com/watch?v=HVuvN1GFUVw


    Same thing on Yahoo if the link above does not work:

    http://video.yahoo.com/video/play?vid=f6b1eb0d95421b683e7fabcd5d6f2ef3.1863489

    Thanks for listening.




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  • franklin
    09-27 01:02 AM
    I think it is important to maintain diversity in the overall immigration. However the immigration law has never resulted in achieving diversity. In the period 1900-1910, immigrants came from Italy (22%), Austria (20%) and Russia (18%). In the 1950-1960 period Germany provided 20% of immigrants. In the 1991-2000 period Mexico provided almost 22% of immigrants. In the FY 2005, Mexico provided around 161,000 immigrants (around 17%) of immigrants. It is easy to fix a quota for those immigration categories where visa numbers are limited such as for employment. However spouses and minor children of naturalized citizens have no waiting period. So it will be very hard to control the immigration percentages based on country of origin unless there is a quota for US citizen spouses, and children of US citizens wantin to immigrate!

    The problem here is that we don't have a country quota for foreign students and H1Bs. Thus when these people try to become permanent residents then the quota's are applied and that is the core problem. My take is that country quota should not be applied for employment based immigration. Employers should not be forced in to an affirmative action plan but rather hire the right person for the job.

    Source for my above data, if you like to do some weekend reading:

    http://fpc.state.gov/documents/organization/92948.pdf
    Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?



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  • GreenCord
    07-16 11:22 PM
    Murthy and Rajiv.S.Kanna are doing very good job.


    Is your case so complicated you needed both of these attorneys ?




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  • dilbert_cal
    05-10 02:13 AM
    If you have already filed 140 and 485 together in July 2006, it is already more than six months. Since you wrote you have used AP, I'm assuming you have filed 485 as well.

    If the above is true, you can join a new employer for a similar job or rather same job description and do AC21 to move your case to the new company. Since your 140 is still pending, it will be an issue but not something which will realistically impact you if you do your AC21 paperwork nicely. If your 140 was approvable when it was filed, you shouldnt have any issues.

    You need to do two things -

    a) Find an employer to switch to immediately.
    b) Find a good lawyer who will help you out on AC21



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  • Goodintentions
    03-27 04:42 PM
    Dear All,

    All the infigting and ranting we do, only creates a lot of negative energy and negative vibrations. People will continue to do what is right for them and normally try to be in the right side of the law. There is no point discussing about this.

    Let us all be clear that within the next year, despite the spillover, both EB2 and EB3 will get absolutley clogged - I expect EB2 and EB3 nos to become more or less equal and clogged. This situation is not going to benefit anyone.

    The only possible thing is to try sincerely for some legislative relief, unitedly. Everyone knows that it is like moving a mountain. I spoke to many friends about IV efforts and tried my best sincerely to raise money for advocacy. It was a futile exercise. I felt so sad to realize that everyone I spoke to, was cynical and said that nothing would work out in our favour. Under such circumstances, it is essential that the very few who are committed to work stay united and sincerely try! For most of us with grown up children, this is the only way! Like it or not!

    Why cannot all of us atleast make a small contribution for the advocacy? What is the problem?

    Again, as a person who is seriously stuck in this mess with children on the verge of completing high school, I have very little options left. Most of the good colleges are NOT willing to consider "aliens" like us eligible for instate (local) tuition. Did anyone think of this? All of us will have to pay international fees! Who can pay $ 50000 per annum? Under the circumstances, please note that many of us will have to return to India or atleast move our families! I wrote a letter to my Senator about this and I got a response saying that he cannot do anything about it. Please think about all the consequences before wasting time on endless EB2 - EB3 fights!

    I also want to repeat what I had said a few months back. No immigration system that is not time bound is fair or transparent. With all the sincerity at my command (I have nothing to gain in the process) I would request youngsters in their early and mid 30s to seriously consider options in other "First World" countries which have time bound immigration programmes for highly qualified immigrants. It is an endless wait here.Do you want to spend the next 10+ staring at the visa bulletin very month? . I do not want my junior countrymen to commit the mistake of sinking in this quagmire. With due respect to all the hard work of gurus like Teddy and others, I still feel that it would take about 12 - 15 years for anyone of us waiting beyond Jan 2007 (though I do not wish for it). What would be the state of the economy then? Any thoughts?

    High time we stay focused and use this forum in a positive way!

    May the SUPREME POWER bless the Indian EB community!




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  • perm2gc
    12-01 07:15 PM
    Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
    IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !
    Are you kidding.???



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  • diptam
    04-11 08:18 PM
    I was also put into "EB3-India" forcibly by my employer - they love to see me chained , you know !!

    The only future i see for EB3 India folks is charge your EAD and do "W2 Consulting" or "1099-Consulting" and make money...... Dont worry about "future employment letters" or that "last minute RFE"... That RFE is not going to come before another 5-6 years at least. If by chance your time comes , then get a permanent Job and get a "future employment letter " from them.

    The whole thing that i wrote above is absolutely legal. As long as you stayed with original GC sponsor for 180 days+ after 485 application and had intention to be with them ( that time 5-6 yrs back) had you got GC - You should be GOOD...

    Get it going folks - that's our future :)

    I don't see a future with EB3. If you have your EAD and AP and have a dream for future. Just use EAD and do it. Save money and in the worst case go to India or UK. But live LIFE WITH PASSION.




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  • Jaime
    09-04 04:54 PM
    Hey guys! In the best good-natured way let's look at reasons why not to attend:

    Money? = We can help you cover your trip expenses

    Time? = Many of us cancelled important business, if you try you can find the time!

    Fear? = Of what? We will make our voices heard, and it's our right! We have been abused! Nothing to fear!

    Feel lazy? = We all do! Make the effort, and then we can party when your green card arrives in the mail!

    Have a date? = The rally is better! If you don't get a green card then you won't have the boy or girl either!

    OK this last one was more tongue-in-cheek, but seriously guys, talk to us! What prevents you from attending? We will help you overcome the obstacles! Seriously!




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  • desi3933
    02-25 01:59 PM
    desi3933,
    I completely agree what you said and what is interpreted in the law.
    BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.

    ......

    Read this pdf
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
    that will answer your question.

    ______________________
    Not a legal advice
    US citizen of Indian origin




    diptam
    06-14 09:36 AM
    Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.

    Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +

    My case is also like you but my Labor was 2 years old and applied just
    before PERM and it went straightway to Phily Backlog center ... I thought
    of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)

    Did you check your status in Backlog tracker ??

    http://pds.pbls.doleta.gov/




    kumar1
    03-05 01:33 AM
    Vldrao has all the information anyway, we should pay him 5000 dollars. At least he will have a nice time with 5k. What's the point giving it to the worst possible office in the whole United State of Great America?

    Few months ago, Loo Doggs also asked USCIS for similar information. USCIS asked CNN to pay 10k for that. Loo Doggs was mad and his red neck viewers were amused.



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